(1.) This criminal revision has been filed seeking to set aside the judgment and conviction dated 10.11.2017 made in C.A.No.196 of 2017 on the file of the II Additional Sessions judge, Erode, confirming the judgment dated 14.06.2017 made in S.T.C.No.158 of 2015 dated 14.06.2017 on the file of Judicial Magistrate(FTC No.2), Erode.
(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 complainant initiated proceedings under Section 138 of the Negotiable Instruments Act in S.T.C.No.158 of 2015 before the learned Judicial Magistrate/FTC No.2, Erode, against the accused stating that on 10.12.2014, the accused borrowed a sum of Rs. 5,00,000/- as hand loan from the complainant and agreed to repay the same within one month. In order to discharge his liability, the accused issued a cheque issued Cheque bearing number '918308' dated 10.01.2015 of Indian Overseas Bank, Thiru Nagar Branch, Erode, for a sum of Rs. 5,00,000/-. When the said Cheque was presented on 24.01.2015 for collection, the same were returned on 27.01.2015 as 'Funds Insufficient . Thereafter, the complainant issued legal notice to the accused on 21.02.2015, calling upon the accused to pay the cheque amount to the complainant and the same was received by the accused on 202.2015, however, the accused neither gave any reply nor repaid the amount.