K.SURESH KUMAR Vs. V.BOOPATHI

JUDGEMENT

(1.) This Criminal Revision has been preferred challenging the judgment of the learned II Additional District and Sessions Judge, Erode dtd. 17/12/2015 made in C.A.No.19 of 2014 which confirmed the judgment of the learned Judicial Magistrate, Fast Track Court-II, Erode dtd. 10/12/2013 made in S.T.C.No.275 of 2012.

(2.) This case has arisen out of dishonour of cheque issued by the petitioner/accused to the first respondent/complainant. The case of the complainant is that on 26/4/2011, the accused borrowed a sum of Rs.45,000.00 from him and in order to discharge the same, he issued a post-dated cheque dtd. 26/5/2011 for Rs.45,000.00. When the cheque was presented for collection on 26/9/2011, it was returned with an endorsement "Insufficient Funds". After issuing the statutory notice and complying the legal mandates, the first respondent/complainant filed the private complaint against the petitioner/accused for the offence under Sec. 138 read with 142 of Negotiable Instruments Act.

(3.) After the case was taken on file and on being satisfied with the materials available on record, the accused was questioned by the trial judge as to the offence committed by him. Since the petitioner/accused pleaded innocence and claimed to be tried, trial was conducted.