K. SARAVANA PRABU Vs. P. KRISHNAKUMAR

JUDGEMENT

(1.) The petitioner is an accused in C.C.No.87 of 2013 on the file of the learned Judicial Magistrate No.I, Dharmapuri. The respondent/complainant filed a private complaint against the petitioner for an offence under Section 138 of Negotiable Instrument Act. The Trial Court, convicted the petitioner/accused and sentencing him to undergo one year simple imprisonment and directed to pay the cheque amount of Rs.9,50,000/- as compensation under Section 357(3) Cr.P.C., and in default of payment of compensation amount, the accused is directed to undergo simple imprisonment for a period of six months. Challenging the above said conviction and sentence, the petitioner filed an appeal in C.A.No.40 of 2013 on the file of the Principal District Court, Dharmapuri. The lower appellate Court dismissed the criminal appeal by confirming the conviction and sentenced imposed by the trial Court. Now, Challenging the same, the present criminal revision case has been filed.

(2.) The case of the respondent/complainant is as follows:-

(3.) When the above incriminating materials were put to the petitioner/accused, he denied the same as false and the petitioner examined himself as D.W.1 and he has marked 8 documents to prove his defence. According to the petitioner/accused, the respondent/complainant is running a finance company in the name of Sri Krishna Finance. In the year, 2002, the petitioner borrowed a sum of Rs.2,25,000/- from the respondent. At that time, he has given 5 blank cheques to the respondent. Thereafter, he repaid the above loan amount with interest to the tune of Rs.7,28,000/-. On 16.05.2003 the respondent withdraw a sum of Rs.48,000/- from the petitioner's Bank account and on 08.07.2003 another sum of Rs.22,000/- was withdrawn from the petitioner's account through a cheque. Thereafter, on 22.05.2004, the petitioner mortgaged his house property in Bank of India, Dharmapuri at the instigation of the respondent/complainant and at that time, he opened an account in Bank of India, Dharmapuri Branch and given 20 blank cheques to the respondent and using the same, the respondent withdraw a sum of Rs.3,90,000/- in the name of one A. Murugan and another sum of Rs.1,00,000/- on 18.05.2004 in the name of one K.Sankar. Subsequently, using the cheque given by the petitioner in the year 2002, the present complaint has been filed. Apart from that since the respondent has demanded more interest, the petitioner has given a complaint against the respondent herein before the District Crime Branch, Dharmapuri on 30.11.2007 and based on that complaint, a crime was registered against the respondent for the offence under Section 420 IPC and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act.