1. In the proceedings initiated by the respondent herein under Section 138 of the Negotiable Instruments Act in C.C. No. 468 of 2006 on the file of the Second Additional District Munsif Court, Erode. by judgment dated 25.04.2007, the petitioner suffered conviction under Section 138 of the Negotiable Instruments Act and sentenced to undergo six months simple imprisonment with fine of Rs.5,000/-, in default to undergo three months simple imprisonment. The petitioner unsuccessfully appealed thereagainst by filing Criminal Appeal No. 118 of 2007 before the Appellate Court, as it was dismissed on 04.04.2008 confirming the conviction and sentence imposed on him. As against the same, the present Criminal Revision case is filed.

2. According to the respondent, the petitioner borrowed a sum of Rs.1,40,000/- from him on 02.05.2011 and issued a post dated cheque dated 02.07.2001 for the said amount, drawn on ICICI Bank Limited, Gobichettipalayam. The respondent presented the cheque on being assured by the petitioner that the cheque would be honoured on its presentation, however, when the cheque was presented for collection on 18.12.2001, it was returned on 19.12.2001 with an endorse