JUDGMENT

(Prayer in Cr.R.C. No. 594 of 2017: Criminal Revision Case is filed under Section 397 r/w 401 of Cr.P.C., to set aside the judgment and conviction dated 24.03.2017 made in C.A.No.31 of 2016 on the file of the III Additional District and Sessions Court, Gobichettipalayam confirming the judgment dated 28.01.2016 made in C.C.No.214 of 2007 on the file of Judicial Magistrate No.I, Gobi.)

1.The revision petition is filed against the concurrent findings of the Courts below. The subject matter of the revision is the cheque dated 09.04.2007 issued for Rs.9,00,000/- by the revision petitioner, in favour of the respondent. According to the respondent, the cheque was given by the revision petitioner to discharge the loan. On presentation, the cheques was returned for “insufficiency of fund”, hence after serving statutory notice, a complaint filed under Section 138 of Negotiable Instruments Act, 1881.

2. To prove the case, the complainant/S.Natarajan (P.W.1) and Ranganathan (P.W.2), Postal Inspector were examined. In support of the complainant, 6 exhibits were marked.

3. On behalf of the petitioner/accused, two witnesses were examined and 11 exhibits were marked.

4. The Trial Court held th