RAVICHANDRAN Vs. SULAIMAN

JUDGEMENT

(1.) This Criminal Appeal has been filed to set aside the order dated 02.03.2007 made in CC No.12 of 2006 rendered by the learned District Munsif, Paramakudi.

(2.) The complainant is the appellant in this appeal. The case of the complainant is that the respondent borrowed a sum of Rupees three lakhs on 07.04.2005 and on the same day, for the repayment of the said amount, he issued a cheque drawn from Union Bank of India, Emaneswaram, bearing No.019790. Thereafter, when the complainant had presented the cheque in Co- Operative Bank, Paramakudi on 11.05.2005, the said cheque was returned by the respondent's bank as 'Account Closed' on 12.05.2005 and the same was intimated to the complainant with a memo dated 25.05.2015 of the Complainant's bank. Thereafter, he issued a statutory notice on 03.06.2005. However, after receiving the same, the respondent neither repaid the amount nor sent reply.

(3.) Therefore, the complainant had filed a complaint before the Judicial Magistrate, Paramakudi under Section 138 of The Negotiable Instruments Act and the same was taken on file by the Judicial Magistrate, Paramakudi in CC No.205 of 2005. Subsequent to the notification of High Court's Notification, No.124 of 2006 and Roc No.68/2006-Con.B.2, dated 29.06.2009, the case was transferred to the District Munsif, Paramakudi and was taken on file and re-numbered as CC No.12 of 2006.