T. AGORAMURTHY Vs. M. SUNDARAM

JUDGEMENT

(1.) Challenge in this criminal revision is to the judgment and order dated 02.08.2011 passed by the District and Sessions Judge at Nagapattinam in C.A.No.41 of 2008 confirming the judgment and order dated 16.06.2008 passed in S.T.C. No.3358 of 2006 on the file of the Judicial Magistrate No.I, Mayiladuthurai.

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

(3.) It is the case of the complainant that the accused had borrowed a sum of Rs.70,000/-, towards which, he (accused) gave a cheque dated 03.08.2006 (Ex.P.1), which, when presented, was returned unpaid with the endorsement "insufficient funds" vide return memo dated 11.08.2006 (Ex.P.2); the complainant issued a statutory demand notice dated 25.08.2006 (Ex.P.3), which was received by the accused on 28.08.2006 vide acknowledgment due card (Ex.P.4); the accused issued a reply notice dated 07.09.2006 (Ex.P.5) repudiating the debt; since the accused did not comply with the demand, the complainant initiated a prosecution in S.T.C. No.3358 of 2006 before the Judicial Magistrate No.I, Mayiladuthurai under Section 138 of the Negotiable Instruments Act, 1881 (for short "the NI Act") against the accused.