S.OMPRAKASH Vs. D.VENKATESAN

JUDGEMENT

(1.) This Criminal Revision Case has been filed against the judgment, dated 12.11.2009, passed by the Additional District and Sessions Judge, Fast Track Court No.I, Erode, in C.A.No.299 of 2008, confirming the conviction and sentence in C.C.No.14 of 2006 on the file of the Judicial Magistrate Court No.I, Erode, dated 14.11.2008.

(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 the accused availed a hand loan of Rs.75,000/- from the complainant on 01.11.2005, towards which, he (accused) gave two cheques, one dated 27.11.2005 for Rs.45,000/- (Ex.P1) and the other dated 29.11.2005 for Rs.30,000/- (Ex.P2), both drawn on Karnataka Bank, Erode Branch. The complainant presented the two cheques in Indian Bank, Erode Branch, on 30.11.2005, and both the cheques were dishonoured for insufficiency of funds, vide return memos dated 31.11.2005 (Exs.P3 and P4). The complainant issued a statutory demand notice dated 13.12.2005 (Ex.P6), for which, the accused gave a reply, dated 22.12.2005 (Ex.P9), repudiating the debt. Therefore, the complainant initiated a prosecution in C.C.No.14 of 2006 in the Court of Judicial Magistrate No.I, Erode, for the offence under Section 138 of the Negotiable Instruments Act, against the accused.