K.B.K. Vasuki, J.—The criminal revision petition is directed against the judgment of conviction the petitioner for the offence under Section 138 of the Negotiable Instruments Act, made in Calendar Case No.80 of 2006, on the file of the District Munsif Court-cum-Judicial Magistrate. Perundurai, as confirmed by the judgment dated 15.6.2007, in Criminal Appeal No.238 of 2006, on the file of the Additional District-cum-Fast Track. Court No.1. Erode.

2. The allegations raised in the complaint are that the accused borrowed a sum of Rs.12,00,000 from the complainant agreeing to repay the same with interest at the rate of 12% per annum and the accused executed a pronote for the due repayment of the same and the accused on 19.7.2004 got back the pronote and issued cheque drawn on Karur Vysya Bank, Erode Branch and the cheque was presented for encashment on 29.10.2004 and the same was returned on account of insufficient funds along with memo and on receipt of the same the complainant issued a statutory notice, thereby calling upon the accused to discharge his liability and the accused though received the notice did not either reply or discharge his liability thereby committed the act, c