ORDER :

PRAYER : Criminal Revision has been filed under Section 397 r/w 401 of Cr.P.C, to call for the records pertaining to the judgment in Criminal Appeal No.46 of 2016 on the file of the Principal District and Sessions Court, Theni, dated 13.04.2017, confirming the judgment in S.T.C.No.1438 of 2014, dated 09.06.2016 on the file of the Judicial Magistrate Court, at Periyakulam and set aside the same and allow this Criminal Revision Petition.

The Criminal Revision Case is directed against the concurrent judgments of conviction passed in Criminal Appeal No.46 of 2016, dated 14.04.2017 on the file of the Additional District and Sessions Court, Theni, confirming the judgment made in S.T.C.No.1438 of 2014, dated 09.06.2016, on the file of the Court of the Judicial Magistrate, Periyakulam.

2. The revision petitioner is the accused. The respondent\complainant has filed a complaint against the petitioner/appellant/accused under Section 138 and 142 of the Negotiable Instruments Act.

3. For the sake of convenience and brevity, the parties will hereinafter be referred as per the status/rank before the trial Court.

4.The case of the complainant is that the accused is known to him as both of them belonging to the same village, that on 06.02.2012, the accused borrowed a sum of Rs.2,30,000/- from the complainant to meet out the medical expenses of his parents and to help his father-in-law to complete the constructions work in the portion owned by his wife, that the accused in an attempt to discharge the said loan issued a cheque on 05.07.2012 drawn on Indian Overseas Bank, Periakulam Branch for Rs.2,30,000/-, that when the said cheque was presented for collection, the same was returned as 'funds insufficient', that when the complainant visited the accused house and demanded the amount, the accused, his mother and his wife had treated the complainant badly and threatened that they would not pay any amount, that the complainant was forced to lodge a complaint before the District Superintendent of Police, Theni on 10.07.2012, that the police, after receiving the complaint has conducted an enquiry and settlement was arrived at, to the effect that the accused has to sell his property to the complainant and two other persons and executed a sale agreement therefor, that the accused has then received a sum of Rs.5,000/- from the complainant and Rs.5,000/- from one Saith Hussain and made an endorsement in the sale agreement, that the complainant's several requests to execute the sale deeds were not complied with, but on the other hand, the accused and some others had threatened the complainant, which forced the complainant to lodge a complaint before the District Collector on 12.08.2013 and after the settlement talks held at Vadakarai Police Station, the accused has issued another cheque bearing registration No.677733 for Rs.2,30,000/-dated 15.04.2014, drawn on Indian Overseas Bank, Periyakulam Branch, that the complainant has then sent the cheque for collection, and the same was again returned dishonored, that the complainant has again preferred a complaint before the Deputy Superintendent of Police, Theni and on coming to know about the complaint, the accused has contacted the complainant and requested him to present the cheque again, that as per the request of the accused, the complainant has again presented the cheque for collection on 15.04.2014, but the cheque was again dishonored for want of sufficient funds in the bank account of the accused, that the complainant has issued a legal notice on 22.05.2014, demanding the payment of the amount covered by the cheque, that though the accused has received the notice on 23.05.2014, he has not chosen to send any reply nor made any payment and that therefore, the complainant was constrained to file the complaint under Section 138 of Negotiable Instruments Act against the accused.

5. The learned Judicial Magistrate, after receiving the complaint, has recorded the sworn statement of the complainant and on per