MARUTHAMUTHU Vs. SUBRAMANIAN

JUDGEMENT

(1.) This Criminal Revision Case has been preferred challenging the judgment dtd. 30/6/2011 passed in C.A.No.79 of 2011 by the Additional District and Sessions Judge (Fast Track Court No.I), Coimbatore, confirming the judgment dtd. 25/3/2011 passed in C.C.No.186 of 2006 by the Judicial Magistrate No.I, Udumalpet.

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

(3.) It is the case of the complainant that the accused was a good friend to him, on account of which, they had financial dealings; on 10/5/2003, the accused approached the complainant and asked for a loan of Rs.65,000.00 for which, the accused executed a pro-note in favour of the complainant; when the accused failed to pay either the interest or principal, the complainant demanded repayment; the accused issued a cheque dtd. 25/2/2006 [Ex.P.1] for Rs.65,000.00 drawn on Central Bank of India; the complainant presented the said cheque on 28/2/2006 and the same was returned unpaid with the endorsement "Funds insufficient" vide Bank Memo [Ex.P.2]; the complainant issued the statutory demand notice dtd. 11/3/2006 [Ex.P.4] which was received by the accused vide Postal Acknowledgment Card marked as Ex.P.5; since the accused did not comply with the demand, the complainant initiated a prosecution in C.C.No.186 of 2006 before the Judicial Magistrate No.I, Udumalpet, under Sec. 138 of the Negotiable Instruments Act against the accused.