B SAKRAVARTHI Vs. N THANGARAJ

JUDGEMENT

(1.) This criminal revision has been filed seeking to set aside the judgment dated 19.12.2016 made in C.A.No.119 of 2016 on the file of the I Additional District and Sessions Court, Erode confirming the conviction imposed in the judgment dated 03.05.2016 made in S.T.C.No.181 of 2015 on the file of the Judicial Magistrate (Fast Track Court No.I), 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.181 of 2015 before the learned Judicial Magistrate (Fast Track Court No.I), Erode, against the accused stating that the accused borrowed a sum of Rs. 2,50,000/- on 12.10.2014 and agreed to repay the same within a period of two months with interest at the rate of 12%. Accordingly, he gave a Cheque bearing No.438893, dated 12.12.2014, drawn on ICICI Bank, Erode Branch, for a sum of Rs. 2,55,000/-. When the said Cheque was presented for collection, the same was returned on 15.12.2014 as 'funds insufficient'. Hence, the complainant sent a legal notice to the accused on 29.12.2014 and the same was received by the accused on 001.2015. Since the accused neither sent reply to the legal notice nor repaid the amount, the complainant filed the petition.