K N UNNIKRISHNAN Vs. M SIVAKUMAR

JUDGEMENT

(1.) THE revision petitioner herein / accused has preferred this Criminal Revision in Crl.R.C.No.1602 of 2007 against the judgment made in C.A.No.69 of 2007, on the file of Principal Sessions Judge, Erode confirming the conviction and sentence passed in C.C.No.327 of 2002, on the file of Judicial Magistrate-II.

(2.) THE respondent / complainant's case is as follows:- The complainant is running a textile business. The accused is the proprietor of the firm being run in the name and style of "Action Suit". The accused, in order to repay the loan advanced by one Govarthanam of "Govarthanam Textiles" had issued a cheque drawn on State Bank of Trvancore, Ernakulam Branch to the said Govarthanam. On 05.06.2002, the said Govarthanam had received a loan of Rs.2,00,000/- from one Sivakumar, the complainant herein and had endorsed the said cheque issued to him by the accused to and in favour of the complainant. On 21.06.2002, when the complainant had deposited the said cheque with his bankers viz., South Indian Bank, Erode Branch, it was returned with the endorsement of

(3.) P.W.1, Govarthanam, the power of attorney holder of the complainant had adduced evidence that the complainant is the partner of the firm,