ORDER :

The Criminal Revision is directed against the order dated 27.09.2022 taking cognizance in C.C.No.1009 of 2022 for the offence under Section 138 of Negotiable Instruments Act.

2. It is evident from the records that the deceased respondent/ complainant has filed a private complaint under Section 200 Cr.P.C. against the petitioner/accused for the offences under Sections 138 r/w 142 of Negotiable Instruments Act and the learned Magistrate has passed the impugned order taking cognizance of the case. After filing of the complaint, since the complainant died, his wife got herself impleaded as complainant and proceeded with the same.

3. The case of the complainant is that the petitioner, in order to meet out her urgent family expenses, borrowed a sum of Rs.25,00,000/- on 24.11.2021 and executed a promissory note in favour of the complainant on the same day itself agreeing to repay the same within six months with interest at 12% per annum on demand, that the petitioner has not repaid any amount to the complainant despite repeated requests and lastly, after the complainant's frequent efforts, the petitioner issued a cheque for sum of Rs.25,00,000/- drawn on Indian Overseas Bank, Palayam