(1.) This revision arises against the judgment of the learned Principal Sessions Judge, Salem, passed in C.A.No.146/2015 on 2/11/2016.
(2.) The petitioner faced prosecution for the offence under Sec. 138 of the Negotiable Instruments Act in S.T.C.No.1679/2013 on the file of the learned Judicial Magistrate No.IV, Salem. The prosecution case is that the petitioner had borrowed a sum of Rs.4,33,000.00 (Rupees Four Lakhs Thirty Three Thousand only) from the Respondent on 3/4/2013 to meet his urgent business needs and agreed to repay the said amount within a month. Towards discharge of the said debt, the petitioner issued a post dated cheque drawn on Federal Bank Ltd., Attayampatty Branch, Salem for a sum of Rs.4,33,000.00 (Rupees Four Lakhs Thirty Three Thousand only). The complainant presented the cheque for collection and upon the same having returned for the reason "Payment stopped by Drawer", issued statutory notice and filed a complaint under Sec. 138 of the Negotiable Instruments Act.
(3.) Before the Trial Court, the respondent examined himself and marked 6 exhibits. The petitioner did not examine any witnesses or mark exhibits on his side.