RAMAKANNAN Vs. CHETTIAR AND CO

JUDGEMENT

(1.) THIS criminal revision is directed against the judgment of conviction and sentence imposed in Criminal Appeal No.11 of 2004, dated 02.08.2004 confirming the conviction and sentence imposed by its judgment in C.C.No.5482 of 2000 dated 18.02.2003.

(2.) THE revision petitioner is the accused in the case registered on the complaint given by the respondent herein under Section 138 of the Negotiable Instruments Act. According to the respondent/complainant, towards the business transaction, the revision petitioner/accused had to pay a sum of Rs.1,14,471/- to the respondent, for a period from 09.05.1998 to 09.09.1998 and towards part payment, the revision petitioner issued a cheque bearing No.628595 dated 28.03.2000 drawn on Vijaya Bank, Vadapalani Branch, for a sum of Rs.83,407/- in favour of the respondent/complainant and requested the complainant to present it for collection on 28.03.2000. Accordingly, when the cheque was presented by the respondent herein, through Bank of Rajasthan Limited, N.S.C Bose Road, Chennai, the same was returned by the Vijaya bank on 29.03.2000 with an endorsement, 'Funds insufficient' and therefore, the respondent issued a legal notice, the original of Ex.P.4. Though the notice was received by the revision petitioner, he had not chosen to send any reply. Hence, the respondent herein lodged a criminal complaint under Section 138 of the Negotiable Instruments Act.

(3.) IT is not in dispute that the revision petitioner and the respondent herein were having business dealings. According to the learned counsel for the revision petitioner, the dishonoured cheque Ex.P.3 was issued only an undated cheque as security for the amount payable by the revision petitioner, as on 09.09.1998, and the amount was also paid, but the cheque was misused by the respondent/complainant.