ALAGIRISAMY Vs. C. T. SIVAKUMAR

JUDGEMENT

(1.) This Criminal Revision Case has been filed against the judgment, dated 17.09.2007, passed by the Additional District and Sessions Judge, Fast Track Court No.I, Coimbatore, in C.A.No.180 of 2007, confirming the judgment of conviction and sentence, dated 19.04.2007, passed by the Judicial Magistrate No.2, Pollachi, in C.C.No.46 of 2005.

(2.) For the sake of convenience, the petitioner and the respondent will be referred to as accused and complainant, respectively.

(3.) It is the case of the complainant that on 12.06.2002, the accused borrowed Rs.1,50,000/- from him and executed a promissory note (Ex.P1), agreeing to repay the same on demand with interest @ 12% p.a.; when the complainant started demanding repayment, the accused issued a cheque dated 10.07.2004 for Rs.1,50,000/- (Ex.P2) drawn on Indian Overseas Bank, Coimbatore Branch on the account of M/s.Keerthi Kalpana Hotel, for which, he was the Proprietor; the complainant presented the said cheque on 22.07.2004 in ICICI Bank, Coimbatore, and the same was returned unpaid with the endorsement "account closed" on 24.07.2004 vide return memo (Ex.P3); the complainant issued a statutory demand notice dated 04.08.2004 (Ex.P5), for which, the accused issued a reply notice dated 12.08.2004 (Ex.P7); since the accused repudiated the debt, the complainant initiated a prosecution in C.C.No.46 of 2005 before the Judicial Magistrate No.2, Pollachi, for the offence under Section 138 of the Negotiable Instruments Act, against the accused.