ARUMUGAM Vs. MUTHUKUMAR

JUDGEMENT

(1.) This criminal revision has been filed seeking to set aside the judgment dated 02.08.2018 made in C.A.No.89 of 2018 on the file of the learned II Additional District and Sessions Judge, Erode, confirming the conviction imposed in the judgment dated 09.03.2018 made in S.T.C.No.349 of 2017 on the file of the learned Judicial Magistrate, Fast Track Court No.1, Erode.

(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.349 of 2017 before the learned Judicial Magistrate, Fast Track Court No.1, Erode, against the accused stating that the accused borrowed a sum of Rs. 3 lakhs on 15.02.2017 for his expenses and gave a Cheque bearing No.731643, dated 15.02017, drawn on South Indian Bank, Gandhi Road, Erode Branch, for the same. When the said Cheque was presented for collection on 17.05.2017, the same was returned on 18.05.2017 as 'funds insufficient'. Hence, the complainant sent a legal notice to the accused on 12.06.2017 and the same was received by the accused on 106.2017. The accused sent his reply for the legal notice on 25.06.2017. Thereafter, the complainant filed the petition.