R.S.Ramanathan, J.—The complainant in C.C.No.351 of 2004 on the file of the learned Judicial Magistrate No.I, Salem is the appellant. The complainant filed the above complaint under Section 138 of the Negotiable Instruments Act (for short, “N.I.Act”) stating that the respondent borrowed a sum of Rs.3,00,000/- from him on 17.5.2002 and executed a pro-note for the same and also issued a cheque dated 10.12.2013 for a sum of Rs.3,00,000/- drawn on City Union Bank, Salem and the cheque was presented for collection on 10.12.2003 and the same was returned on 11.12.2003 by the bank on the ground that the account was already closed. Thereafter, notice was issued on 17.12.2003 calling upon the respondent to pay the cheque amount and the notice was received by the respondent on 20.12.2003 and thereafter, the respondent did not make any payment and therefore, the complaint was filed.

2. The appellant filed the complaint through his power agent P.Yuvaraj and examined the power agent as PW.1 and himself as PW.2 and marked the power document as Ex.P.1, Cheque dated 10.12.2003 as Ex.P.2, information received from the bank as Ex.P.3, Copy of the notice dated 17.12.2003 as Ex.P.4 and the Ack