P.VIJAYA GANESH Vs. L.MANIVANNAN

JUDGEMENT

(1.) This Criminal Revision Petition has been preferred to set aside the judgment dated 08.04.2011 passed by the Additional District and Sessions Judge (Fast Track Court), Vellore in Crl.A.No.184 of 2010 confirming the judgment dated 04.08.2010 passed by the Judicial Magistrate, Gudiyatham in C.C.No.9 of 2009.

(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 for the legal due that the accused owed to him, the accused issued a post-dated cheque dated 01.12.2008 drawn on Canara Bank, bearing No.802535 (Ex.P1) on 20.11.2008; the complainant presented the impugned cheque, in the account maintained by him with State Bank of India on 01.12.2008; the impugned cheque was dishonoured by State Bank of India vide (Ex.P4); the complainant issued the statutory demand notice dated 10.12.2008 (Ex.P5); in response to the statutory notice (Ex.P5), the accused issued a reply notice dated 18.12.2008 (Ex.P7); the complainant initiated a prosecution in C.C.No.9 of 2009 before the Judicial Magistrate, Gudiyatham under Section 138 of the Negotiable Instruments Act, 1881 (for brevity "the NI Act") against the accused.