JUDGMENT :

SUNDER MOHAN, J.

Prayer: Criminal Revision petition filed under Sections 397 and 401 Criminal Procedure Code, to call for the records in C.A. No. 146 of 2015 on the file of Principal Sessions Judge Salem dated 02.11.2016 confirming the order of conviction passed by the learned Judicial Magistrate No. 4 Salem in STC No. 1679 of 2013 dated 15.10.2015 set aside the same and set the petitioner at liberty.

1. This revision arises against the judgment of the learned Principal Sessions Judge, Salem, passed in C.A. No. 146/2015 on 02.11.2016.

2. The petitioner faced prosecution for the offence under Section 138 of the Negotiable Instruments Act in S.T.C. No. 1679/2013 on the file of the learned Judicial Magistrate No. IV, Salem. The prosecution case is that the petitioner had borrowed a sum of Rs. 4,33,000/- (Rupees Four Lakhs Thirty Three Thousand only) from the Respondent on 03.04.2013 to meet his urgent business needs and agreed to repay the said amount within a month. Towards discharge of the said debt, the petitioner issued a post dated cheque drawn on Federal Bank Ltd. Attayampatty Branch, Salem for a sum of Rs. 4,33,000/- (Rupees Four Lakhs Thirty Three Thousand only). The co