Judgment :-

S.B. SINHA, J :

1.1. Leave granted.

2.2. This appeal is directed against a judgment and order dated 28th November, 2008 passed by a learned single judge of the High Court of Judicature at Madras whereby and whereunder a Civil Revision Petition filed under Article 227 of the Constitution of India against the Order dated 05th February, 2008 passed by the Additional District Munsif cum Fast Track 2 Court No.II, Salem in I.A. No. 22 of 2008 in O.S. No. 114 of 2004 has been allowed.

3.3. The brief facts necessary to be noted for the purpose of disposal of this case are as under:

The appellant allegedly advanced a loan for a sum of Rs.5,90,000/- to the respondent No.1 on 29th January, 1995. As the respondent No.1 failed to refund the amount despite repeated demands from the appellant, a Promissory Note was got executed by her on or about 2nd October, 1995. The respondent No. 1 issued two cheques for a sum of Rs.1,00,000/-each on 8th June, 1996 towards partial discharge of his obligation. However, the cheques when presented to the Banks were returned with the remarks "No fund".

The appellant caused a legal notice to be served on the respondents on 29th August, 1998, which was r