N KUMAR Vs. VELAYUTHAM

JUDGEMENT

(1.) This criminal revision has been filed praying to to set aside the judgment of the learned XVI Additional Sessions Judge, City Civil Court, Chennai-1 in Crl.A.No.5 of 2018 dated 26.07.2018, confirming the judgment passed by the learned VII Metropolitan Magistrate Court, George Town, Chennai, made in C.C.No.1889 of 2016 dated 05.12.2017 and acquit the petitioner in accordance with law.

(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 C.C.No.1889 of 2016 before the learned VII Metropolitan Magistrate Court, George Town, Chennai-600 001, against the accused stating that the accused is the Proprietor of Uthayam Enterprises, had borrowed a hand loan of Rs.75,000/- and Rs.50,000/- [totally Rs.1,25,000/-] from the complainant. Out of which, a sum of Rs.75,000/- has been paid to the complainant and insofar as the balance of Rs.50,000/- is concerned, in order to discharge his liability, he issued a Cheque bearing No.107552 dated 12.01.2016 at the rate of 24% p.a. drawn on Vijaya Bank, Avadi, Chennai Branch. When the said Cheque was presented for collection, the same was returned as 'Funds Insufficient' on 13.04.2016. The complainant issued a legal notice on 22.04.2016 and the same was received by the accused on 25.04.2016.