C KANNAN Vs. V MURUGAN

JUDGEMENT

(1.) Heard Mr.K.Selvakumar, learned counsel appearing for the petitioner and Mr.M.Jothibasu, learned counsel appearing for the respondent.

(2.) This appeal has been filed to set aside the dismissal order passed by the learned Judicial Magistrate No.I, Sivakasi made in Cr.M.P.No.1680 of 2018 in C.C.No.360 of 2014 dated 09.03.2018.

(3.) On the side of the petitioner, it is stated that the respondent herein filed a petition in C.C.No.360 of 2014 before the learned Judicial Magistrate , Sivakasi under Section 200 of Cr.P.C. and Section 138 of Negotiable Instruments Act, wherein the petitioner herein is the accused. It is stated that on 01.05.2014, the petitioner borrowed a sum of Rs.6,00,000/- (Rupees Six Lakhs only) from the respondent and the petitioner issued a promissory note on the same day. It is stated that when the respondent demanded the amount, the petitioner issued a cheque on 07.08.2014. The cheque was dishonoured with an endorsement of "Exceeds arrangement" on 11.08.2014. The respondent filed a private complaint against the petitioner in C.C.No.360 of 2014.