P. SELVARAJ Vs. S.K. SUBRAMANIAM

JUDGEMENT

(1.) This Criminal Revision has been preferred challenging the judgment and order dated 11.01.2013 passed by the II Additional District and Sessions Judge, Erode in C.A. No. 22 of 2012 confirming the judgment and order dated 22.12.2011 passed by the District Munsif-cum-Judicial Magistrate, Perundurai in C.C. No. 122 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 on 03.12.2004, the accused borrowed Rs. 5,00,000/- for his urgent expenses and in discharge of the said liability, issued a cheque dated 03.01.2005 (Ex.P1), which when presented by the complainant on 05.01.2005, returned unpaid with the endorsement "funds insufficient" on 06.01.2005 vide bank memo (Ex.P3); the complainant issued a statutory demand notice dated 19.01.2005 (Ex.P5), which was received by the accused vide postal acknowledgment card (Ex.P7); the accused issued a reply notice dated 04.02.2005 (Ex.P8) repudiating the debt; hence, the complainant initiated a prosecution in C.C. No. 122 of 2005 in the Court of the District Munsifcum- Judicial Magistrate, Perundurai under Section 138 of the Negotiable Instruments Act, 1881 (for brevity "the NI Act") against the accused.