S.GOVINDAN Vs. M. CHINNARASU

JUDGEMENT

(1.) This Criminal Revision Case is directed against the concurrent findings of the Courts below holding the revision petitioner guilty of issuing a cheque for a sum of Rs.5,00,000.00, but not arranged for realisation of the cheque amount in his bank account.

(2.) The sum and substance of the complaint is that the accused owed Rs.5,00,000.00 to the complainant and to discharge the said legally enforceable debt, a cheque for Rs.5,00,000.00 dtd. 24/7/2013 was issued in favour of the complainant. But, when the cheque was presented for collection through the complainant's bank namely Allahabad bank, Magudanchavadi branch on 24/7/2013, the cheque returned with an endorsement "Fund insufficient". On receipt of the intimation memo dtd. 29/7/2013, the complainant caused statutory notice to the accused on 8/8/2013. The notice was received by the accused on 12/8/2013 and no reply was received from the accused. Hence the complaint was presented before the Judicial Magistrate No.2, Sankari on 19/9/2013.

(3.) The complainant mounted the witness box and marked 5 exhibits. The accused, in defence, mounted the witness box and marked exhibits.