JUDGMENT

(Prayer: Criminal Revision Case filed under Section 397 and 401 of the Code of Criminal Procedure, against the order dated 12.02.2020 made in CMP No.4545 of 2019 in C.C.No.546 of 2012, on the file of the learned Judicial Magistrate No.I, Villupuram.)

1. This Criminal Revision Case has been directed against the order passed by the learned Judicial Magistrate No.I, Villupuram, allowing the petition filed by the complainant under Section 216 of Cr.P.C.

2. The case in brief is that the respondent herein filed a private complaint under Section 138 of Negotiable Instruments Act, alleging that the cheque bearing No.102324 of Union Bank of India, Salaimedu Branch, Villupuram, issued by the revision petitioner in favour of the respondent for Rs.3,00,000/- to discharge the debt of hand loan was dishonoured, on presentation for the reasons of ‘insufficiency of fund’. After causing statutory notice, a complaint was filed alleging that the cheque was issued without sufficient fund. Hence, the petitioner is liable for offence under Section 138 of Negotiable Instruments Act.

3. The case of the revision petitioner/accused is that she is not maintaining any account in the Union Bank of India a