This revision arises against two concurrent judgments of Courts below convicting the petitioner for offence u/s.138 of the Negotiable Instruments Act and sentencing him to 1 year S.I. and directing him to pay the cheque amount Rs.7,00,000/- and Rs.2,00,000/- as compensation i/d 3 months S.I.
2. Respondent/complainant is a civil engineer who constructed the house for the petitioner and towards payment thereof the petitioner issued cheque bearing No.034650 dated 20.11.2012 in a sum of Rs.7,00,000/- drawn on State Bank of India, Avinashi Branch, Coimbatore, stood issued to him, which upon presentation was returned unpaid for the reason insufficient funds. Respondent/ complainant caused statutory notice and following the procedure envisaged under Section 138 of the Negotiable Instruments Act, a complaint had been filed.
3. Before the trial Court, respondent/complainant examined himself and marked eleven exhibits. Petitioner/accused examined herself and one witness and marked eight exhibits.
4. On appreciation of materials before it, trial Court, under judgment dated 26.09.2014, convicted petitioner and sentenced her to 1 year S.I and directed her to pay the cheque amount Rs.7,00,000/- and compensation amount of Rs.2,00,000/- i/d to undergo 3 months S.I. The appeal preferred by petitioner in C.A.No.154 of 2014 on the file of learned V Additional Distrct and Sessions Judge, Coimbatore, came to be dismissed under judgment dated 29.02.2016. Hence, this revision.
5. Heard learned counsel for petitioner and learned counsel for respondent. Perused the materials on record.
6. In convicting the petitioner, Courts below have found that petitioner/accused has not disputed issuance of cheque and the signature found therein. Though petitioner/accused has stated that respondent has obtained the Ex.P.4 cheque forcefully the said Ex.P.4 cheque was issued towards making payment for the construction work done by the respondent/complainant which is clear from the Ex.P.3- Panchayath Muchalika wherein the petitioner has agreed to pay Rs.8,00,000/- and the cheque for Rs.1,00,000/- had been honoured, while Ex.P.4 cheque for Rs.7,00,000/- had been dishonoured leading to the litigation. On the above reasoning, Courts below have found that respondent/complainant has made out his case and C.T. SELVAM, J kpr petitioner/accused has failed to rebut the presumption under
section 139 of the Negotiable Instruments Act and accordingly, arrived at a finding of conviction. This Court finds no error in the judgments under challenge.
The Criminal Revision Case shall stand dismissed. Connected miscellaneous petitions are closed.
07.02.2017 Index: Yes/No Internet: Yes To
1.The V Additional District and Sessions Judge, Coimbatore
2.The District Munsif cum Judicial Magistrate, Mettupalayam, Crl.R.C.No.1361 of 2016