IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.04.2024 CORAM THE HONOURABLE MRS. JUSTICE R. HEMALATHA Crl.R.C.No.853 of 2017 C.Srinivasan ... Petitioner Vs.

M.Nagarajan (Deceased)

2.The Inspector of Police, Podanur Police Station.

3.Lalitha

4.Devi

5.Balarani ... Respondents (R2 suo moto impleaded as per order dated 03.03.2022 in Crl.R.C.No.853/2017)

(RR3 to 5 suo moto impleaded as per order dated 10.01.2023 in Crl.R.C.No.853/2017 Prayer : Criminal Revision filed under Section 397 r/w. 401 of Criminal Procedure Code 1973 to set aside the judgment and orders dated 17.09.2016 passed in C.A.No.19/2016 by the IV Additional District and Sessions Judge, Coimbatore, confirming the judgement and orders dated 25.01.2016 passed in C.C.No.282/2013 by the Judicial Magistrate, Fast Track Court at Magisterial Level -II, Coimbatore.

For Petitioner : Mr.Naveen Infant R2 shall be deleted as they are not proper and necessary party For R3 to R5 : No appearance

ORDER

Challenging the conviction and sentence passed by the learned IV Additional District and Sessions Judge, Coimbatore in C.A.No.19/2016 confirming the conviction and sentence passed by the learned Judicial Magistrate, Fast Track Court at Magisterial Level -II, Coimbatore in C.C.No.282/2013, the present criminal revision case is filed.

2. For the sake of convenience the parties are referred to as per their ranking in the trial court.

3. The brief case of the complainant in a nutshell is as follows :

i. The accused borrowed a sum of Rs.3,00,000/- from the complainant on 04.01.2012 promising him to repay the same together with interest @ 24% per annum and also executed a promissory note (Ex.P1) on the same date. The accused paid interest only for six months and thereafter, did not pay any amount either towards interest or principal.

ii. After much persuasion by the complainant, the accused issued a cheque bearing No.390557 dated 07.02.2013 (Ex.P2) drawn on Syndicate Bank, Kuniamuthur Branch, Coimbatore for a sum of Rs.3,00,000/-.

iii.When the complainant presented the cheque for collection on

08.02.2013 through his banker viz., Canara Bank, Sundarapuram Branch, Coimbatore, the same was returned for the reason “Funds Insufficient”, as is seen from the cheque return memo (Ex.P3).

iv. Thereafter, the complainant issued a statutory notice dated

19.02.2013 (Ex.P4) to the accused calling upon him to pay the amount due under the cheque within fifteen days from the date of receipt of the notice.

v. Though the accused received the said statutory notice on

22.02.2013, as is evidenced by the postal acknowledgement card (Ex.P5), he did not come forward to make good the payment and did not also send any reply.

vi. Therefore, the complainant filed a private complaint before the Judicial Magistrate, Fast Track Court at Magisterial Level -II, Coimbatore under Section 200 Cr.P.C. against the accused for the offence punishable under Section 138 of the Negotiable Instruments Act (N.I. Act) in C.C.No.282/2013.

vii.The learned Judicial Magistrate, Fast Track Court at Magisterial Level -II, Coimbatore took cognizance of the offence under Section 138 of the Negotiable Instruments Act (N.I. Act) and issued summons to the accused under Section 204 Cr.P.C.

viii.On the appearance of the accused, the copies of the case records were furnished to him under section 207 Cr.P.C. The substance of accusation made in the complaint was put forth to the accused and since the accused pleaded not guilty, the case was posted for trial.

ix. On the side of the complainant, the complainant examined himself and marked Ex.P1 to Ex.P5.

x. Thereafter, the accused was questioned under Section 313(1)(b) of Cr.P.C., with regard to the incriminating circumstances appearing in evidence against him. He denied of having committed any offence.

xi. The accused examined himself and one another witness and marked Ex.D1 to Ex.D7.

xii. After full trial, the learned trial court judge, vide his judgment dated 25.01.2016 convicted the accused for the offence punishable u