BAIL SLIP

The

appellant

herein/accused

viz.,

V.Kanchana,

W/o.Viswanathan, was directed to be released on bail as per the

order of this Court dated 30.09.2011 made in CRL MP NO.1 of 2011

in CRL RC No.1393 of 2011.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on: 08.02.2019

Pronounced on: 20.02.2019

Coram:

The Honourable Dr.Justice G.Jayachandran

Criminal Revision Case Nos.1393 & 1533 of 2011

V.Kanchana,

W/o.Viswanathan,

Proprietor Sri Viswanathan Stores,

No.736, Ranga Gounder Street,

Coimbatore.

... Appellant/Accused

in Crl.R.C.No.1393 of 2011

T.Suresh Kumar,

S/o.Thammannan,

No.208, Palanisamy Colony,

Ponnaiya Rajapuram,

Coimbatore-641 001.

... Appellant/Complainant

in Crl.R.C.No.1533 of 2011

/versus/

T.Suresh Kumar,

S/o.Thammannan,

No.208, Palanisamy Colony,

Ponnaiya Rajapuram,

Coimbatore-641 001.

... Respondent/Complainant

in Crl.R.C.No.1393 of 2011

V.Kanchana,

W/o.Viswanathan,

Proprietor Sri Viswanathan Stores,

No.746, Ranga Gounder Street,

Coimbatore.

... Respondent/Accused

in Crl.R.C.No.1533 of 2011

Prayer in Crl.R.C.No.1393 of 2011: Criminal Revision Case is

filed under Section 397 & 401 of Cr.P.C, against the conviction

and sentence fine imposed on her by the Judicial Magistrate

https://hcservices.ecourts.gov.in/hcservices/

No.I, Coimbatore in S.T.C.No.131 of 2009, dated 10.05.2011,

which was confirmed and sentence above modified by the

Additional District Judge, Fast Track Court No.III, Coimbatore

by his order dated 06.09.2011 in Criminal Appeal No.115 of 2011.

Prayer in Crl.R.C.No.1533 of 2011: Criminal Revision Case is

filed under Section 397 r/w 401 of Cr.P.C, against the judgment

dated 06.09.2011 in C.A.No.115 of 2011 Additional District

Judge, (Fast Track Court No.III), Coimbatore by modifying

sentence imposed in the Judgment dated 10.05.2011 in

S.T.C.No.131/2009 on the file of Judicial Magistrate No.I,

Coimbatore.

For Petitioner

: Mr.P.R.Thiruneelakandan

in Crl.R.C.No.1393 of 2011

For Respondent

: Mr.A.V.Raja

in Crl.R.C.No.1393 of 2011

For Petitioner

: Mr.A.V.Raja

in Crl.R.C.No.1533 of 2011

For Respondent

: Mr.P.R.Thiruneelakandan

in Crl.R.C.No.1533 of 2011

C O M M O N O R D E R

C O M M O N O R D E R

Both the Revision Petitions are directed against the

order passed by the Lower Appellate Court confirming the

sentence and conviction passed against the accused in

S.T.C.No.131 of 2009. While the accused in Crl.R.C.No.1393 of

2011 questions the legality of the order passed by the Courts

below convicted him for offence under Section 138 of Negotiable

Instrument Act.

2. The complainant has preferred Crl.R.C.No.1533 of 2011

seeking for enhancement of sentence.

3. The brief facts leading to these two Revision Petitions

are as below:

T.Suresh Kumar, the complainant has filed the complaint

under Section 138 of Negotiable Instrument Act alleging that the

accused V.Kanchana borrowed a sum of Rs.5,00,000/- on 03.03.2008

from him to met out her urgent necessity. She executed a pro-

note agreeing to repay the same with interest at the rate of 18%

per annum. Despite repeated demand to repay the money, the

accused failed to pay the said sum. Finally, she issued three

cheques as detailed below:-

https://hcservices.ecourts.gov.in/hcservices/

Sl.

No.

Date

Cheque No.

Drawn at

Amount

1.

05.08.2008

313450

State Bank of India

Coimbatore City Branch,

Coimbatore-641 001.

Rs.1,00,000/

-

2.

25.08.2008

313451

State Bank of India

Coimbatore City Branch,

Coimbatore-641 001.

Rs.1,00,000/

-

3.

10.09.2008

313453

State Bank of India

Coimbatore City Branch,

Coimbatore-641 001.

Rs.1,00,000/

-

4. When those cheques were presented for collection on

11.09.2008 in the complainant bank HDFC bank, R.S.Puram,

Coimbatore, same was returned with endorsement “Refer the

Drawer”. The statutory notice intimating the return of cheque

was issued to the accused on 16.09.2008. Notice was received by

the accused