AJAY KAUSHIK Vs. R. SASIKUMAR

JUDGEMENT

(1.) This Criminal Revision has been preferred challenging the judgment and order dated 28.06.2013 passed by the III Additional District and Sessions Judge, Salem in C.A.No.76 of 2011 partly confirming the judgment and order dated 05.08.2011 passed by the Judicial Magistrate No.IV, Salem in C.C.No.176 of 2006.

(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 01.12.2005, the accused took a hand loan of Rs.8,50,000/- and on the same day, gave a cheque dated 01.12.2005 (Ex.P1) bearing No.8775522 drawn on Lakshmi Vilas Bank, Thirukovilur branch, but requested the complainant to present the cheque in the first week of March 2006; the complainant presented the said cheque on 11.03.2006 and it was returned on 18.03.2006 with the endorsement "account closed" (vide return memo Ex.P2); the complainant issued a statutory demand notice dated 12.04.2006 (Ex.P4), which returned unserved and the returned cover was marked as Ex.P5; therefore, the complainant initiated a prosecution in C.C.No.176 of 2006 before the Judicial Magistrate No.IV, Salem for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for brevity "the NI Act ") against the accused.