1. The revision petitioner/appellant/accused has filed the present revision in Crl. R.C. No. 240 of 2005 against the judgment passed in C.A. No. 305 of 2004, on the file of the Additional District and Sessions Judge, Fast Track Court-I, Coimbatore, dated 4.2.2005, modifying the judgment passed in C.C. No. 4 of 2000, on the file of Judicial Magistrate-II, Udumalpet, dated, 5.7.2004.

2. The complainant’s case is as follows:

The complainant is the owner of the tractor bearing Registration No. TN L 6436 and trailer bearing chassis No. 1414 of 1995. The accused had met the complainant at Moonar and had expressed his desire to purchase the trailer alone. The complainant had agreed to sell the trailer for Rs. 55,000/-. As the accused did not have spot cash, he issued a cheque dated 5.2.1997, drawn on Federal Bank, Moonar bearing serial No. SBA 526004 for the sum of Rs. 55,000/-. The complainant deposited the said cheque with his bankers viz., Bank of Baroda, Pedambampatti. However, the cheque returned on 8.5.1997 due to insufficient funds in the account of the accused and the return memo was received by the complainant on 20.5.1997. The complainant issued a lawyer’s notice, dated 22.5.