T SATHISHKUMAR Vs. R SELVARAJ

JUDGEMENT

(1.) This criminal revision has been filed seeking to call for the entire records relating to the order passed by the learned Principal Sessions Judge, Namakkal in C.A.No.20 of 2016 dated 26.04.2018 confirming the order passed in S.T.C.No.87 of 2016 dated 07.09.2016 by the learned Judicial Magistrate/FTC, Tiruchengode, Namakkal District and to set aside the same.

(2.) The petitioner is the accused and the respondent is the defacto complainant. For the sake of convenience, the parties will be hereinafter referred to as 'accused' and 'complainant'.

(3.) The complainant initiated proceedings under Section 138 of the Negotiable Instruments Act in S.T.C.No.87 of 2016 before the learned Judicial Magistrate/FTC, Tiruchengode, Namakkal District, against the accused stating that the accused borrowed a sum of Rs. 2,50,000/- for family expenses and agreed to pay interest at the rate of 1.50% per month for the same and executed a pro note in favour of the complainant on 24.04.2015 and the accused also issued Cheque bearing number '062288' dated 05.05.2015 of Axis Bank, Trichengode Branch for a sum of Rs. 2,50,000/-. When the said Cheque was presented on 09.05.2015 for collection, the same were returned on 19.05.2015 as 'No account/ account closed on advice'. Thereafter the complainant issued legal notice to the accused on 205.2015 and the same was received by the accused on 26.05.2015, however, the accused neither gave any reply nor repaid the amount.