1. The accused in C.C. No. 23 of 2007 on the file the learned Judicial Magistrate, Ambattur is the revision petitioner in this Criminal Revision Case.

2. For the sake of convenience, the parties shall be referred to as “complainant” and “accused” as has been arrayed before the trial court.

3. The complainant/respondent herein, through her power of attorney agent/husband, has filed the complaint under Section 138 of the Negotiable Instruments Act complaining that the accused and his wife Sheeba have borrowed money as hand loan on several occasions for their urgent expenses and for repayment of the loan amount, the accused has handed over a cheque and promisory note in acknowledgment of the debt. As the accused did not repay the loan amount despite several demands made by the complainant, finally, the accused issued a consolidated cheque bearing No. 132177 dated 01.06.2006 for a total sum of Rs.4,00,000/- drawn on Indian Overseas Bank, Gummudipoondi Branch in favour of the complainant. Prior to issuing the cheque, the accused had given a letter of undertaking dated 01.12.2005 undertaking to pay the amount payable by him as also the debt payable by his wife. According to the