A.U.JAMBU Vs. P.R.BALAJI

JUDGEMENT

(1.) This criminal revision has been filed seeking to set aside the judgment and order dated 18.07.2012 passed in C.C.No.302 of 2011 on the file of the Judicial Magistrate Court (Fast Track Court - Magisterial Level No.II), Coimbatore, confirmed by the judgment and order dated 11.10.2012 passed in C.A.No.234 of 2012 on the file of the V Additional District and Sessions Court (Fast Track Court No.III), Coimbatore.

(2.) For the sake of convenience, the petitioner and the respondent will be referred to as accused and complainant, respectively.

(3.) It is the case of the complainant that he is a medical practitioner attached to Kovai Medical Centre Hospital and in the said hospital building, the accused was running an "E-Shop"? and thus, the complainant got acquainted with him; the accused borrowed a sum of Rs.48,000/- from the complainant on 13.04.2007 and promised to return the said amount within three months; towards the said debt, the accused gave a cheque dated 13.07.2007 bearing No.341738 for a sum of Rs.48,000/-, drawn on Bank of Baroda, R.S.Puram; when the complainant presented the said cheque, it was returned with the endorsement "Account Closed"? on 17.07.2007; therefore, the complainant issued a statutory demand notice dated 11.08.2007, on receipt of which, the accused sent a reply notice dated 24.08.2007 repudiating the debt; thereafter, the accused met the complainant through common friends and agreed to amicably settle the issue; the accused gave a sum of Rs.8,000/- in cash in September 2007 and for the balance sum of Rs.40,000/-, he gave six cheques, the details of which are as follows: Cheque Cheque Cheque Sl.No. bearing Drawn on amount dated No.1 019096 Rs.5,000/- 12.09.2007 Jammu & Kashmir Bank 2 019097 Rs.5,000/- 17.09.2007 Jammu & Kashmir Bank 3 019098 Rs.7,500/- 26.09.2007 Jammu & Kashmir Bank 4 019099 Rs.7,500/- 06.10.2007 Jammu & Kashmir Bank 5 015363 Rs.10,000/- 10.10.2007 Jammu & Kashmir Bank 6 015362 Rs.5,000/- 13.10.2007 Jammu & Kashmir Bank At that time, the accused took back the earlier cheque dated 13.07.2007 for the sum of Rs.48,000/-; out of the six cheques, two cheques viz., the cheque dated 12.09.2007 and the cheque dated 17.09.2007 were honoured and the other four cheques (Exs-P1 to P4) were presented by the complainant on 17.11.2007, but, they were dishonoured and returned with the endorsement "Funds Insufficient"? vide bank's return memo (Ex-P5) dated 19.11.2007; therefore, the complainant issued a statutory demand notice (Ex-P6) dated 29.11.2007, which was received by the accused on 04.12.2007 vide postal acknowledgement card (Ex-P7); since the accused did not comply with the demand, the complainant initiated a prosecution in C.C.No.523 of 2008 for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for brevity "the NI Act"?) before the Judicial Magistrate No.VI, Coimbatore, against the accused. Thereafter, the case was transferred to the file of the Judicial Magistrate Court (Fast Track Court - Magisterial Level No.II), Coimbatore and re- numbered as C.C.No.302 of 2011.