UMASHANKAR Vs. STATE REP BY PUBLIC PROSECUTOR, COIMBATORE

JUDGEMENT

(1.) This Revision has been preferred against the judgment rendered by the learned First Additional District and Sessions Judge, Coimbatore in C.A.No.25 of 2011. The said Criminal Appeal has been filed by the present revision petitioner praying to set aside the conviction and sentence awarded by the learned Judicial Magistrate No.VI, Coimbatore in C.C.No.45 of 2009.

(2.) The petitioner, namely, Umashankar, availed a loan of Rs.3,00,000/- from the second respondent, for which, he executed a promissory note, promising to repay the said loan with interest at the rate of 24% per annum. The said pro-note was executed on 29.01.2007. Later, on 21.05.2008, the second respondent advanced another sum of Rs.2,00,000/-, which amount the petitioner had repaid on 27.05.2008. Subsequent to that, on 21.05.2008, the petitioner gave him a letter of assurance and a post dated cheque bearing No.162710 dated 24.09.2008 drawn on Canara Bank for Rs.4,19,000/- towards discharge of the first loan of Rs.3,00,000/- with interest due there on.

(3.) The said Memorandum of Understanding and the cheque had marked as Ex.P.2 and Ex.P. The second respondent presented the said cheque on 27.09.2008 for collection but the same was dishonoured on the ground of insufficient funds . So, Ex.P.6 [statutory notice] was issued by the second respondent, in which, he called the petitioner to pay the entire amount within 15 days from the date of receipt of the notice. But as the amount was not paid, the second respondent laid a private complaint.