JUDGMENT :

(Prayer: Criminal Appeal is filed under Section 378 of Cr.P.C., to set aside the judgment, dated 11.12.2018 passed in C.A.No.255 of 2016 on the file of the learned I Additional Sessions Judge, Chennai and confirming the order, dated 09.09.2016 in C.C.No.2712 of 2010 on the file of the learned Metropolitan Magistrate, F.T.C-IV, G.T, Chennai.)

1. The complainant, in a private complaint filed complaining an offence under Section 138 of the Negotiable Instruments Act, 1881, is the appellant before this Court. The appellant filed a complaint alleging that the appellant and the accused are known to each other well and the accused, to discharge his urgent expenses, had borrowed a sum of Rs.6,00,000/- on 10.02.2009, agreeing to repay the same with interest at the rate of 18% per annum. In discharge of the said liability, the accused issued the cheque, dated 07.07.2009 and when the cheque was presented for collection, the same is returned as “funds insufficient”. After issuing a demand notice and since the respondent/accused failed to make payment within the period of 15 days, the complaint was filed.

2. After recording the sworn statement and taking cognizance, the accused was summ