LAWS(MAD)-2018-10-101

NIXON FERNANDO Vs. RAMESH

Decided On October 05, 2018
Nixon Fernando Appellant
V/S
RAMESH Respondents

JUDGEMENT

(1.) This criminal revision has been filed against the judgment passed in C.A.No.91 of 2015 dated 23.07.2018 on the file of the learned IV Additional Sessions Judge, Chennai, confirming the order passed in C.C.No.7125 of 2014 dated 01.04.2015 on the file of the XVIII Metropolitan Magistrate Court, Saidapet and set aside the same.

(2.) The petitioner is the accused and the respondent is the complainant. For the sake of convenience, the parties will be hereinafter referred to as 'accused' and 'complainant'.

(3.) The case of the revision petitioner is that the accused borrowed a sum of Rs. 7 lakhs from the complainant on 02.12.2011 for renovating his Theatre. In order to discharge his part liability, the accused issued a cheque dated 19.02.2013 bearing No.029168 drawn on Union Bank, Egmore Branch, Chennai-600 008 for Rs. 1 lakh. Thereafter, the complainant presented the cheque for collection with the State Bank of Mysore, Thomas Mount, Chennai Branch on 06.04.2013 and on 08.04.2013, the same was returned with an endorsement "Insufficient Funds". Thereafter, the complainant issued a legal notice on 104.2013, calling upon the accused to make payment. After receipt of the legal notice, the accused issued incorrect reply on 02.05.201 Subsequently, the complainant initiated proceedings under Section 138 of the Negotiable Instruments Act in C.C.No.7125 of 2014 before the learned XVIII Metropolitan Magistrate, Saidapet.