NEMINATHAN Vs. SUBRAMANIAM

JUDGEMENT

(1.) This Criminal Revision Petition is filed under Section 397 read with section 401 of Cr.P.C, 1973 against the order dated 20.09.2012 made in Crl. Appeal No.104 of 2011, on the file of the III Additional (District and Sessions Court), Coimbatore, modifying the order dated 27.04.2011, passed in C.C. No. 177 of 2005, on the file of Judicial Magistrate No. 2, Pollachi.

(2.) The brief facts of the case leading to the filing of this Revision Petition is that the complainant and the petitioner/accused had coconut business transaction and during course of such business transaction the appellant/accused had to settle some dues and thus had executed a Faisal agreement deed on 3.5.2004 and had issued seven cheques, which totals to R.3,75,000/- towards due amount by the appellant/accused.

(3.) This complaint relates to cheque No.885588 issued for a sum of Rs. 50,000/- of Karur Vysya Bank Ltd Mulanoor Branch. While, the cheque dated 01.07.2004 bearing No.385586 for sum of Rs. 75,000/- was encashed and the cheque dated 01.09.2004 having No.885588 for Rs. 50,000/- when presented for payment at Indian Overseas Bank, Kottur Branch on 01.09.2004, the cheque returned for insufficient funds on 03.09.2004 and hence, complainant had issued legal notice on 14.09.2004 and the accused received the same on 18.09.2004 and however failed to send reply notice or settle cash and therefore, filed this private complaint under Section 138 N.I. Act.