G.PRATAP Vs. L.IYYAPPAN

JUDGEMENT

(1.) This criminal revision has been filed seeking to set aside the judgment and order dated 15.11.2012 passed in S.T.C.No.35 of 2011 on the file of the Judicial Magistrate Court (Fast Track Court No.I), Erode, confirmed by the judgment and order dated 02.11.2012 passed in C.A.No.153 of 2011 on the file of the II Additional District and Sessions Court, Erode.

(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 had borrowed a sum of Rs.1,55,000/-; towards the debt, the accused gave a cheque (Ex-P1) dated 13.03.2010 for a sum of Rs.1,55,000/- drawn on ICICI Bank, Erode Branch, which was dishonoured when presented; therefore, the complainant initiated a prosecution in S.T.C.No.35 of 2011 before the Judicial Magistrate (Fast Track Court No.I), Erode, for the offence under Section 138 of the NI Act, 1881 (for brevity "the NI Act"?), against the accused.