G. SELVAM Vs. R. KARTHIKEYAN

JUDGEMENT

(1.) This Criminal Revision has been preferred challenging the judgment and order dated 08.10.2012 passed by the Principal District and Sessions Judge, Coimbatore in C.A. No. 2 of 2012 confirming the judgment and order dated 10.12.2011 passed by the Judicial Magistrate No. I, Coimbatore in S.T.C. No. 153 of 2009.

(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 borrowed Rs. 13,00,000/- on 11.05.2008 and executed a demand promissory note (Ex.P1); thereafter, the accused issued a cheque dated 18.05.2008 for Rs. 13,00,000/- (Ex.P2), which was presented by him (complainant) on 27.09.2008, returned with the endorsement "exceeds arrangement" vide bank memo (Ex.P3); he (complainant) issued a statutory demand notice dated 30.09.2008 (Ex.P5), which was received by the accused on 30.10.2008 by acknowledgment card (Ex.P6); the accused issued a reply notice dated 30.10.2008 (Ex.P7) repudiating the debt; therefore, he (complainant) initiated a prosecution in S.T.C. No. 153 of 2009 before the Judicial Magistrate No. I, Coimbatore under Section 138 of the Negotiable Instruments Act, 1881 (for brevity "the NI Act").