JEPI BABU Vs. R. DEEPAK

JUDGEMENT

(1.) This Criminal Revision has been preferred challenging the judgment and order dated 21.06.2013 passed by the IV Additional District and Sessions Judge, Coimbatore in C.A.No.248 of 2012 confirming the judgment and order dated 02.08.2012 passed by the Judicial Magistrate, FTC Magisterial Level II, Coimbatore .

(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, he is a dealer in colour fish and the accused used to frequently purchase colour fish from him; towards this transaction, a sum of Rs.76,000/- was due from the accused, for which, he gave a cheque dated 07.08.2009 (Ex.P1) drawn on ICICI Bank; the complainant presented the said cheque on 11.08.2009 and it was returned with the endorsement "account closed" vide return memo (Ex.P6); the complainant issued a statutory demand notice dated 08.09.2009 (Ex.P2) which was sent by the registered post as well by certificate of posting (Ex.P3); the accused received the registered post on 12.09.2009 vide acknowledgment card (Ex.P4); the accused neither replied to the notice nor complied with the demand and therefore, the complainant initiated a prosecution against the accused in S.T.C.No.755 of 2009 before the Judicial Magistrate No.VII, Coimbatore for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for brevity "the NI Act "), which on transfer to the Court of the Judicial Magistrate, FTC Magisterial Level II, Coimbatore, was renumbered as C.C.No.106 of 2011.