D SURESH BABU Vs. M DHANDAPANI

JUDGEMENT

(1.) This criminal revision has been filed seeking to call for the entire records relating to the order passed by the Additional District Judge (Fast Track Court), Vellore, Vellore District in Crl.A.No.105 of 2017 dated 05.07.2018 confirming the order passed in S.T.C.No.6 of 2017 dated 06.10.2017 on the file of the Judicial Magistrate, (FTC), Vellore and to set aside the same.

(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 Sec. 138 of the Negotiable Instruments Act in S.T.C.No.6 of 2017 dated 06.10.2017 on the file of the Judicial Magistrate, (FTC), Vellore, against the accused stating that the accused borrowed a sum of Rs.1,29,000.00 in favour of the complainant on 28.03.2016 from the respondent and to re-pay the same within a period of one month. Thereafter, the petitioner not paid the amount and the accused also issued Cheque bearing number '946920' dated 01.05.2016 drawn on Indian Overseas Bank, Vellore Branch for a sum of Rs.1,29,000.00. When the said Cheque was presented on 12.05.2016 for collection, the same was returned on 18.05.2016 as 'insufficient funds'. Thereafter the complainant issued legal notice to the accused on 21.05.2016 and the same was received by the accused on 25.05.2016, however, the accused neither gave any reply nor repaid the amount.