K GANESAN Vs. P KUMARAPPAN

JUDGEMENT

(1.) This Revision Petition is preferred to call for the records pertaining to the C.A.No.17 of 2013 dated 31.03.2016 on the file of the Sessions Judge, Sivagangai modifying the order passed in C.C.No.40 of 2012 dated 28.02.2013 on the file of the Judicial Magistrate (Fast Track Court) Karaikudi.

(2.) Heard the learned counsel appearing for the revision petitioner and the respondent.

(3.) The present revision case is arising out under Section 138 of the Negotiable Instruments Act. The brief case of the prosecution is that the revision petitioner/K.Ganesan herein, borrowed a sum of Rs. 1,50,000/- (Rupees One Lakh Fifty thousand only) from the respondent/ P.Kumarappan and in order to discharge his debt, gave a cheque dated 20.11.200 When the cheque was presented on 25.02.2004, the same was returned for insufficiency of funds. After issue of statutory notice, complaint was filed under Section 138 of the Negotiable Instruments Act. The learned Magistrate who tried the case, after appreciating the evidence of P.W.1 and P.W.2 along with Exh.P1 to Exh.P5 and the defence evidence, as spoken by the accused, has held that the cheque was issued for an enforceable debt and having failed to honour the cheque, the revision petitioner is liable to be punished for the offence under Section 138 of the Negotiable Instruments Act.