BALAMAYILVAGANAM Vs. LICKMICHAND

JUDGEMENT

(1.) This Criminal Revision has been preferred challenging the judgment and order dated 28.10.2013 passed by the District and Sessions Judge, Tiruvarur in C.A.No.10 of 2011 confirming the judgment and order dated 31.03.2011 passed by the Judicial Magistrate No.I, Mannargudi in C.C.No.1394 of 1998.

(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, in respect of the financial transaction between the complainant and the accused, a sum of Rs.45,000/- was due, towards which, the accused issued a cheque dated 18.02.1997 for the said sum, drawn on Lakshmi Vilas Bank in favour of the complainant; the complainant did not present the cheque immediately, but, presented it on 18.06.1997 in City Union Bank, Mannargudi, where he was having his account; the impugned cheque was returned with the endorsement "account closed" vide return memo (Ex.P3); the complainant issued a statutory demand notice dated 01.07.1997 (Ex.P4), which was received by the accused vide acknowledgment card (Ex.P5); since the accused neither replied to the notice nor complied with the demand, the complainant initiated a prosecution against the accused in C.C.No.1384 of 1998 before the Judicial Magistrate No.I, Mannargudi, for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for brevity "the NI Act").