IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.07.2023 CORAM THE HONOURABLE MRS. JUSTICE R.HEMALATHA Crl.RC.Nos.1065 & 1066 of 2023 &

Crl.M.P. Nos 8508 & 8513 of 2023 N. Sundram @ Ramalingam ...Petitioner in both the petitions vs.

P. Rajasekaran ...Respondent in both the petitions COMMON PRAYER: Criminal Revision Petitions filed under Section 397 & 401 of Criminal Procedure Code, 1973 praying to call for the entire records in Crl.A. Nos.64 and 65 of 2021 on the file of the XXII Additional City Civil Court, Allikulam, Chennai and set aside the order dated 25.08.2022, confirming the conviction and judgment dated 16.02.2021 in C.C. Nos.713 and 714 of 2016 on the file of the Metropolitan Magistrate, Fast Track Court V, Saidapet, Chennai.

In both petitions For Petitioner : M/s. R. Angalaparameswari For Respondent : Mr. R. Gokul for Mr. S.L. Sudarsanam

COMMON ORDER

The present Criminal Revision Petitions are filed against the judgment dated 25.08.2022 in Crl.A. Nos.64 and 65 of 2021 on the file of the XXII Additional City Civil Court, Allikulam, Chennai, confirming judgment dated 16.02.2021 in C.C. Nos.713 and 714 of 2016 on the file of the Metropolitan Magistrate, Fast Track Court V, Saidapet, Chennai.

2. The respondent/complainant filed two private complaints under Section 200 Cr.P.C against the revision petitioner for an alleged offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as N.I. Act) in C.C. Nos. 713 and 714 of 2016 on the file of the Metropolitan Magistrate, Fast Track Court V, Saidapet, Chennai.

3. The case of the respondent/complainant in nutshell is as follows:

i. The revision petitioner/accused borrowed a sum of Rs.22 lakhs from the complainant for the purpose of developing his transport business and also handed over two cheques bearing Nos.126317 and 126318 dated 14.05.2014 (marked as Ex.P1 in the respective Calender cases) for a sum of Rs.11 lakhs each drawn on ING Vysya Bank, Erode Branch ii. When the cheques were presented by the complainant through his banker, namely State Bank of India, CTS, Royapettah, on 14.05.2014, both the cheques were returned on 20.05.2014, vide Return Memo dated 20.05.2014 (Ex.P2) with an endorsement "Refer to the Drawer".

iii.Thereafter the complainant issued a legal notice dated 26.05.2014 (Ex.P3).

iv. Though the revision petitioner/accused received the said notice on

02.06.2014, he did not come forward to make good the payment due under both the cheques and therefore, the complainant filed a private complaint under Section 200 Cr.P.C., against the revision petitioner/accused under Section 138 of N.I. Act.

4. The trial court after summoning the accused, furnished the copies of records under Section 207 Cr.P.C and also questioned him.

Since the accused denied the offence, the case was posted for trial. 5. In the trial court, the complainant examined himself and marked Ex.P1 to Ex.P4 in both the Calender cases. The circumstances appearing in evidence against the revision petitioner/accused were put to him and the revision petitioner denied of having committed any offence. The revision petitioner/accused examined himself and one another witness.

However, no documentary evidence was adduced on his side.

6. The learned Metropolitan Magistrate, Fast Track Court-V, Saidapet, after considering the evidence adduced on both sides, vide his order dated 16.02.2021, convicted the present revision petitioner for the offence punishable under Section 138 of N.I. Act and sentenced him to undergo simple imprisonment for a period of six months and also to pay twice the cheque amount towards compensation under Section 357(3) Cr.P.C. to the complainant and in default to pay the said amount, to undergo simple imprisonment for a period of six months. It was further held that both the sentences shall run concurrently, 7. Aggrieved over the said judgment passed by the trial court judge, the revision petitioner/accused filed Criminal Appeals in C.A. Nos 64 and 65 of 2021 bef