M. K. MANIKANDAN Vs. ASHOK KUMAR

JUDGEMENT

(1.) This Criminal Revision has been preferred challenging the judgment and order dated 19.06.2012 passed by the II Additional District Court, Salem in C.A.No.63 of 2011 confirming the conviction and sentence imposed by the Judicial Magistrate III, Salem in S.T.C.No.367 of 2009 dated 29.06.2011.

(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 his close friend and in the year 2007, the accused borrowed Rs.5,00,000/- and executed a promissory note. The accused gave four cheques for Rs.1,00,000/- each, dated 04.06.2008 (Ex.P1), 09.07.2008 (Ex.P2) and 06.08.2008 (Ex.P3) and 10.09.2008 (Ex.P4), which when presented by the complainant, were returned unpaid with the endorsement "Funds Insufficient". The complainant issued a statutory demand notice dated 07.11.2008, for which the accused issued a reply dated 14.11.2008 (Ex.P11) repudiating the debt. Therefore, the complainant initiated a prosecution in S.T.C.No.367 of 2009 under Section 138 of the Negotiable Instruments Act, 1881 before the Judicial Magistrate III, Salem against the accused.