ORDER

(This case has been heard through video conference)

This Criminal Revision has been filed challenging the Judgement dated 24.06.2015 passed by the learned I Additional Sessions Judge, Erode, in C.A.No.8 of 2015 confirming the Judgement dated 18.12.2014 passed by the learned Judicial Magistrate (Fast Track Court No.II) Erode in S.T.C. No.607 of 2013 finding the accused guilty of offence under Section 138 of Negotiable Instruments Act and convicted and sentenced him to undergo one year Simple Imprisonment and to pay fine of Rs.5,000/- and in default of payment of fine, to undergo Simple Imprisonment for one month.

2. For the sake of convenience, the petitioner and the respondent will be referred to as accused and complainant respectively.

3. The case of the complainant is that on 08.05.2013, the accused had borrowed a sum of Rs.3,60,000/- from the complainant and towards the discharge of the liability, the accused had issued a post dated cheque dated 08.07.2013 bearing No.082351 drawn at HDFC Bank, Erode Branch (Ex.P1). Thereafter, the cheque was presented for collection in the account of the complainant on 08.07.2013 whereas, it had been returned on the same day stating reason “i