K KUNJAPPAN Vs. N MUTHUSAMY

JUDGEMENT

(1.) This revision arises against the judgment of the learned First Additional Sessions Judge, Erode, passed in C.A.No.63/2008 on 26.09.2008.

(2.) The petitioner faced prosecution for offence under Section 138 of the Negotiable Instruments Act in C.C. No. 26/2007 on the file of the Judicial Magistrate No. III, Erode. The prosecution case was that the petitioner borrowed a sum of Rs.2,00,000/-from the respondent on 15.08.2006 to meet his family expenses, agreeing to repay the said amount with interest at 12% per annum. Towards discharge of the said debt, the petitioner issued a postdated cheque drawn on Federal Bank Limited, Erode dated 17.11.2006 in a sum of Rs.2,00,000/-. The complainant presented the cheque for collection on 17.11.2006 and upon the same having returned for the reason "account closed", followed the procedure under Section 138 of the Negotiable Instruments Act.

(3.) Before the trial Court, the respondent examined himself and marked 4 exhibits. None were examined on behalf of the defence and no exhibits were marked.