RAMKUMAR Vs. CHELLADURAI

JUDGEMENT

(1.) The convicted respondent/accused is the revision petitioner herein.

(2.) The respondent herein has filed a private complaint before the learned Judicial Magistrate, Fast Track Court, Thiruthuraipoondi, in C.C.No.179 of 2011, under Sec. 200 of Cr.P.C r/w Sec. 138 of Negotiable Instruments Act.

(3.) The respondent herein preferred the private complaint in C.C.No.1 79 of 2011, on the file of the learned Judicial Magistrate, Fast Track Court, Thiruthuraipoondi alleging that the appellant had borrowed a sum of Rs.10,00,000.00 from the respondent on 07.1 1.2009, and handed over a blank signed post dated cheque for Rs.10,00,000.00 drawn on the Indian Bank, Thiruthuraipoondi in Cheque No.937169, dated 16.1 1.2009. When the postdated cheque was presented for encashment with the Lakshmi Vilas Bank, Thiruthuraipoondi Branch and the same was returned on 17.1 1.2009 with a bank memo as insufficient funds. He issued advocate notice on 12/12/2009 to the appellant and the appellant received the same on 16/12/2009. But he had not given any reply. The respondent knowing very well that there is no sufficient funds in his account, he had issued the postdated cheque to cheat the respondent. Hence the complaint.