P.THANGIAH Vs. S.R.THAVAMANI

JUDGEMENT

(1.) The defacto complainant, who lost the case before the Courts below, has filed this revision petition before this Court.

(2.) The case of the complainant is that the accused is the grandson of complainant's maternal uncle Santhakumar. The accused borrowed a sum of Rs.30,00,000.00 from the complainant on 2/12/2006 for his family expenses and for development of cinema business as hand loan. For which the accused issued a cheque to the complainant bearing No.NAE 304336 dtd. 2/5/2007 drawn on Indian Bank, Madurai Main Branch, requesting the complainant to present the same for collection on 18/7/2007 and release the amount. Accordingly, the complainant presented the cheque on 18/7/2007 through his bankers viz., Karur Vysya Bank Limited, Madurai Main Branch, Madurai for collection, which was returned with endorsement "not drawn on us / name of the branch office drawn on not marked " with a memo dtd. 19/7/2007. Hence, the complainant issued a statutory notice dtd. 24/7/2007, informing the accused about the dishonor of cheque and also demanded him to repay the cheque amount. The accused maneuvered to return the said notice and it has been returned on 18/8/2007. Hence, the present complaint is lodged before the learned Judicial Magistrate No.I, Fast Track Court at Magisterial Level, Madurai, against the accused for the offence of dishonor of cheque punishable underSec. 138 r/w 142 of Negotiable Instruments Act (hereinafter referred as 'NI Act') and Ss. 420, 467 and 471 IPC.

(3.) In order to prove the case, the complainant examined himself as P.W.1 and marked Exs.P.1 to P.6. In order to disprove the case of the complainant, the accused examined himself as D.W.1 and marked Exs.D.1 to D.5. Out of which, Ex.D.1 marked during the cross-examination of P.W.1.