This revision arises against two concurrent judgments of Courts below convicting petitioner for offence u/s.138 of the Negotiable Instruments Act and sentencing him to 1 year S.I. and to pay compensation in a sum of Rs.1,50,000/- to the complainant within two months i/d 3 months S.I.
2. Respondent moved a prosecution informing that petitioner and his mother borrowed loan of Rs.1,25,000/- from him and towards repayment thereof, issued a cheque bearing No.097970 dated 18.12.2013 drawn on Indian Overseas Bank, Singanallur Branch, Coimbatore, which upon presentation was returned unpaid for the reason 'funds insufficient'. Respondent/complainant, following the procedure envisaged u/s.138 of the Negotiable Instruments Act, preferred a complaint. The complaint was taken on file in C.C.No.621 of 2014 on the file of learned Judicial Magistrate, Fast Track Court I, Magisterial Level, Coimbatore.
3. Before trial Court, respondent examined 2 witnesses and marked 8 exhibits. None were examined on the side of defence nor were any exhibits marked. On appreciation of materials before it, trial Court, under judgment dated 14.07.2015, convicted petitioner/accused for offence u/s.138 of the Negotiable Instruments Act and sentenced him to 1 year S.I. and to pay compensation in a sum of Rs.1,50,000/- to the complainant within two months i/d 3 months S.I. There against, petitioner/accused preferred C.A.No.165 of 2015 on the file of learned V Additional District and Sessions Judge, Coimbatore, which came to be dismissed under judgment dated 11.03.2016. Hence, this revision.
4. Heard learned counsel for petitioner and learned Additional Public Prosecutor as also perused materials on record.
5. On perusal of papers, this Court finds no reason to interfere with the finding of conviction entered upon by Courts below. However, pending this revision, there have been attempts to settle the dispute and there through a sum of Rs.75,000/- has been paid by petitioner/accused to respondent/complainant. Learned counsel for respondent has made an endorsement to such effect. In the circumstances, while confirming the finding of conviction, this Court modifies the sentence to one requiring petitioner to effect payment of compensation in a sum of Rs.50,000/- to respondent/complainant within three months from today i/d 6 months S.I.
This Criminal Revision Case is disposed of with the above modification.
12.09.2017 Note to office: Issue order copy by 18.09.2017 Index:yes/no Internet:yes gm C.T.SELVAM, J gm To
1.The V Additional District and Sessions Judge, Coimbatore.
2.The Judicial Magistrate, Fast Track Court I, Magisterial Level, Coimbatore.
Crl.R.C.No.1408 of 2016 12.09.2017