IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

Crl.RC.No.742/2019

A.Subash

...

Petitioner/Appellant/ Accused

Vs

J.Aranganathan

... Respondent /Respondent/Complainant

Prayer:- This Criminal Appeal is filed under Section 397 and

401 of Cr.P.C, to call for the records on the file of the

learned III Additional District and Sessions Judge, Vellore @

Thiruppathur, Vellor District in Crl.A.No.2/2018 dated

04.06.2019, confirming the judgment passed in S.T.C.No.265/2017

on the file of the learned Additional District Munsif cum

Judicial Magistrate, Ambur, Vellore District dated 18.12.2018

and set aside the judgment dated 04.06.2019.

For petitioner :

Mr.E.Kannadasan

For Respondent :

No appearance

JUDGEMENT

1.This Criminal Revision Petition has been filed by the

petitioner/ accused . against the judgement dated 04.06.2019,

made in Crl.A.No.2/2018, by the III Additional District and

Sessions Judge, Vellore @ Thiruppathur, Vellor District,

dismissing the Appeal for default and confirming the judgement

passed in S.T.C.No.265/2017 on the file of the learned

Additional District Munsif cum Judicial Magistrate, Ambur,

Vellore District dated 18.12.2018 and set aside the judgement

dated 04.06.2019.

2.This court heard the learned counsel for the petitioner and

also perused the materials placed on record.

3.The facts, in a nutshell, are that the petitioner/accused is

well acquainted to the respondent/complainant, the

petitioner/accused had borrowed a sum of Rs.1,50,000/- from the

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

complainant on 09.09.2016 and on the same day, he had executed

a promissory note and agreed to pay interest at the rate of

Rs.2 per month per Rs.100/-. On repeated demands, in order to

discharge the said loan amount, the petitioner/accused had

issued a post dated cheque on 15.02.2017 bearing No.047737

drawn on HDFC Bank, Ambur Branch, dated 15.03.2017 and when the

said cheque was presented for collection on 15.03.2017, it was

returned unpaid on the ground of 'Account Closed' on the same

day. Hence, a legal notice, dated 01.04.2017, came to be issued

by the complainant and the said legal notice was received by

the petitioner/accused on 04.04.2017 and thereafter, the

petitioner/accused sent a reply notice dated 12.04.2017 with

false allegations and did not choose to pay the cheque amount.

Hence, the complainant filed a complaint under Section 200 of

Cr.P.C against the accused for the offence punishable under

Section 138 of Negotiable Instrument Act.

4.The complaint was taken up in STC.No.265/2017 by the trial

Court and the sworn statement was recorded. After appearance of

the petitioner/accused, the trial court furnished copies under

Section 207 of Cr.P.C to the accused and thereafter, questioned

the accused by explaining the offence. But the accused denied

the offence. Thereafter, the complainant was examined as PW1

and the chief examination by proof affidavit filed was in

consonance with the written complaint. Through PW1, Ex.P1 to

Ex.P8 were marked. The evidence of complainant side was closed

with PW1. When the incriminating circumstances were explained

to the accused under Section 313(1)(b) of Cr.P.C., the accused

denied the same and he himself examined as DW.1 and his pass

book was marked as Ex.R:1, and further evidences of DW.2 and

DW.3 were recorded. Based on the complaint, evidence on both

side, documents and answers given by the accused during the

trial, the trial Court found that the complainant has proved

his case found the accused guilty of an offence under section

138 of NI Act and convicted as per Section 255(2) of Cr.P.C and

sentenced to undergo simple imprisonment for 3 months and to

pay a fine of Rs.1,50,000/- towards compensation within two

months from the date of that judgement and in def