JUDGMENT :

(Prayer: Criminal Revision Case is filed under Section 397 and 401 of Cr.P.C., set aside the conviction imposed in the judgment, dated 20.03.2012 made in S.T.C.No.1313 of 2010 on the file of the learned Judicial Magistrate No.I, Erode confirmed in judgment dated 25.09.2012 made in C.A.No.109 of 2012 on the file of the learned Principal Sessions Judge, Erode, by allowing this Criminal Revision Petition.)

1. This Criminal Revision Case is filed by the petitioner/accused, aggrieved by the conviction for an offence under Section 138 of the Negotiable Instruments Act, by the judgment, dated 20.03.2012 of the learned Judicial Magistrate No.I, Erode in S.T.C.No.1313 of 2010, thereby imposing a sentence of six months Simple Imprisonment and Rs.2,000/- fine and the judgment, dated 25.09.2012 in Criminal Appeal No.109 of 2012, confirming the conviction and sentence.

2. The respondent herein, A.Nallasivam, filed a complaint under Section 200 of Code of Criminal Procedure alleging that on 28.09.2010, the accused has borrowed a sum of Rs.1,00,000/- for urgent family expenses and in discharge of the aforesaid liability, the accused has issued a post dated cheque, bearing No.597330 drawn