R.BANUMATHI, A.S.BOPANNA
CHRISTOPHER RAJ – Appellant
Versus
K. VIJAYAKUMAR – Respondent
ORDER
R. Banumathi, J.
Leave granted.
2. The appellant-accused has preferred these appeals challenging the orders passed by the High Court of Madras dated 06.07.2018 and 23.06.2018 in Crl. A (MD) No.608 of 2007, by which the High Court has reversed the acquittal of the appellant-accused and convicted him under Section 138 of the Negotiable Instruments Act and imposed a fine of Rs.60,000/- in default to undergo simple imprisonment for six months.
3. Brief facts which led to filing of these appeals are as follows:-The appellant-accused and the respondent-complainant are friends. On 12.08.2001, the appellant-accused borrowed a sum of Rs.30,000/- from the respondent-complainant. The appellant-accused has issued a post-dated cheque drawn on Kuzhithurai Canara Bank dated 04.09.2003 of Rs.30,000/-.
4. The respondent-complainant presented the cheque in his Co-operative Bank Account on 16.01.2004 for collection. However, the cheque was returned from the bank on 19.01.2004 due to insufficient funds. The respondent-complainant sent a statutory notice on 12.02.2004 to the appellant-accused. Thereafter, the respondent-complainant filed the complaint before the Judicial Magistrate No.1, Kuzhithurai.
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