JUDGMENT

(Prayer: Criminal Revision Case has been filed under Section 397 and 401 of Cr.P.C., praying to call for the records on the learned II Additional District and Sessions Judge, Erode in C.A.No.211 of 2016 and set aside the judgment dated 8.8.2017 and confirming the order of acquittal by the learned Judicial Magistrate, Fast Track Court No.1, Erode in S.T.C.No.152 of 2016 dated 17.11.2016 and prays to allow this revision petition.)

1. The revision petitioner is the accused in S.T.C.No.152 of 2016 on the file of the Judicial Magistrate, (Fast Track Court No.1), Erode in a private complaint initiated under Section 138 of Negotiable Instruments Act. The cheque dated 16.11.2015 drawn by the petitioner for a sum of Rs.9 lakhs in favour of one K.Karthikeyan/respondent is the subject matter of the complaint.

2. According to the complainant, the petitioner borrowed a sum of Rs.9 lakhs and to discharge the debt, he gave the subject cheque. However, on presentation of the same, it was returned with an endorsement “Insufficiency of fund”. Hence, statutory notice dated 20.11.2015 was sent to the petitioner, which was received by the petitioner on 23.11.2015. The petitioner gave a reply date