LAWS(SC)-2009-5-168

SIVAKUMAR Vs. NATARAJAN

Decided On May 15, 2009
SIVAKUMAR Appellant
V/S
NATARAJAN Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against a judgment and order dated 3.2.2007 passed by the Madurai Bench of the Madras High Court in Cri. Revision No. 849 of 2005 whereby and whereunder the Criminal Revision application filed by the appellant herein was dismissed affirming the judgment of the learned Principal Session Judge, Trichrapalli dated 8.11.2005 passed in Crl. A No. 87/2005, preferred against the judgment dated 3.5.2005 in CC No. 69/2004 by the learned Judicial Magistrate III, Tiruchirapalli.

(3.) On or about 14.8.2003, appellant borrowed a sum of Rs. 1,00,000/- for the purpose of his business as loan from the complainant-respondent. The said amount was to be repaid within a period of three months. On or about 20.11.2003 the appellant handed over a Cheque Bearing No. 0652756 dated 27.11.2003 for a sum of Rs. 1,00,000/- in favour of the respondent. The said cheque was presented by the complainant for collection to his banker namely UCO Bank, Trichy Main Branch on 27.11.2003. It was dishonoured with the remarks "insufficient funds" on 2.12.2003. Information thereabout was received by the respondent on 3.12.2003.