R.TAMILARASA Vs. T.P.RAMESHKUMAR

JUDGEMENT

(1.) This criminal revision is directed as against the judgment passed in C.A.No.22 of 2018 dtd. 16/8/2018 on the file of the Fast Track Mahila Judge, Namakkal, thereby reversed the findings in S.T.C.No.22 of 2017 dtd. 13/2/2018 on the file of the Judicial Magistrate (Fast Track), Tiruchengode, thereby acquitted the petitioner for the offence under Sec. 138 of Negotiable Instruments Act.

(2.) The petitioner is an accused in the complaint lodged by the respondent for the offence under Sec. 138 of Negotiable Instruments Act.

(3.) According to the respondent, on 17/3/2015, the petitioner borrowed a sum of Rs.7.00 Lakhs for his urgent need and agreed to repay the same with interest at the rate of Rs.1.50 per month per hundred and he also executed a promissory note in favour of the respondent. The petitioner bad been paying the interest regularly to the respondent. When the respondent asked for principal payment, the petitioner issued a post dated cheque on 15/7/2016 in order to discharge the principal amount of Rs.7.00 lakhs and thereafter, the petitioner received back the promissory note which was already executed by him. When the said cheque was presented for collection and the same has been returned for the reason "Payment Stopped by the Drawer". After causing statutory notice to the petitioner the respondent lodged a complaint.