JUDGMENT :

(Prayer: Criminal Revision preferred under Section 397 r/w 401 Cr.P.C. to set aside the judgment and order dated 25.08.2012 passed by the District and Sessions Judge, Tiruvarur in C.A.No.13 of 2008 confirming the judgment and order dated 19.04.2006 passed by the Judicial Magistrate, Tiruvarur in C.C.No.755 of 2004.)

1. For the sake of convenience, the petitioner and the first respondent will be referred to as accused and complainant respectively.

2. It is the case of the complainant that the accused was his close friend; the accused borrowed Rs.70,000/- as hand loan on 30.10.2003, towards which, he gave a cheque dated 03.02.2004 for Rs.70,000/- (Ex.P1) drawn on Indian Bank, Tiruvarur branch; the complainant presented the cheuqe (Ex.P1) on 22.06.2004 in Indian Bank, Pulivalam branch and it was returned with the endorsement “account closed” on the same day vide return memo (Ex.P2); the complainant issued a statutory demand notice dated 19.07.2004 (Ex.P3), which was received by the accused on 22.07.2004 (Ex.P4). Since the accused did not comply with the demand, the complainant initiated a prosecution C.C.No.755 of 2004 before the Judicial Magistrate, Tiruvarur against the accu