JUDGMENT

(Prayer: Criminal Appeal has been filed under Section 378 of Cr.P.C., praying to set aside the order of the I Additional District and Sessions Judge, Tiruvallur dated 18.11.2019 in Crl.A.No.40 of 2018 and restore the order of conviction and sentence passed by the Judicial Magistrate, Fast Track Court (Magistrate Level) Ambattur dated 12.07.2017 in Summary Trial Case No.12 of 2016.)

1. The private complaint filed under Section 138 of the Negotiable Instruments Act, 1881 alleging that from the complainant, the accused used to borrow upto Rs.50,000/- regularly and repay it back with 24% interest. Thereby, the accused gained confidence and the total borrowing on several occasions in the year 2008 reached Rs.9,80,000/-. The accused then stopped repaying. After much pursuation to discharge the loan, in the month of April 2009, he gave the post dated cheque bearing No:342942 for Rs.9,80,000/- drawn on Axis Bank, Anna Salai Branch, Chennai-2. The said cheque dated 20/05/2009 was presented for collection, but returned on 18/06/2009 with the endorsement “Account Frozen”. The complainant caused statutory notice through his counsel calling upon the accused to pay the cheque amount or wi