R. JAWAHAR Vs. M.J. RAJU

JUDGEMENT

(1.) This Criminal Revision has been preferred challenging the judgment and order dated 12.07.2012 passed by the District and Sessions Judge, Tiruvarur in C.A. No. 90 of 2008 confirming the conviction, imposition of fine and reducing the sentence by judgment and order dated 27.11.2008 passed by the Judicial Magistrate, Tiruvarur in C.C. No. 521 of 2005.

(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, the accused is his brother-in-law (his wife's sister's husband) that on 01.02.2002, he borrowed Rs. 2,70,000/- as loan, towards which, he (accused) issued a cheque dated 31.01.2005 (Ex.P1), which, when presented by the complainant on 18.05.2005, was returned with the endorsement "account closed "; the complainant issued a statutory demand notice dated 21.05.2005 (Ex.P4), for which, the accused issued a reply notice dated 30.05.2005 (Ex.P5) repudiating the debt; hence, the complainant initiated a prosecution in C.C. No. 521 of 2005 before the Judicial Magistrate, Tiruvarur under Section 138 of the Negotiable Instruments Act, 1881 (for brevity "the NI Act") against the accused.