ORDER

This Criminal Revision Case is filed as against the judgment dated

12.07.2016 passed in C.A.No.36 of 2012 by the learned Additional Sessions Judge, Dindigul.

2.The brief facts, which are relevant for consideration in this Revision Case, are as follows:-

3.The petitioner herein is the accused before the learned Judge, Fast Track Court at Magisterial Level, Palani. The 1st respondent herein had preferred a complaint as against the petitioner under Section 138 of the Negotiable Instruments Act before the learned Judge, Fast Track Court at Magisterial Level, Palani.

4.As per the complaint, the complainant/1st respondent herein and the accused were friends for the past ten years. The accused/petitioner was running a business in the name of Vigneswara Agencies. On 20.10.2002, the petitioner/accused borrowed a sum of Rs.75,000/- from the complainant/1st respondent for his business expenses and for discharging sundry debts.

5.On 20.01.2003, towards repayment of the loan, the petitioner/accused had issued a cheque for a sum of Rs.75,000/- bearing Cheque No.659297 in favour of the complainant/1st respondent drawn on 'Canara Bank', Keeranur Branch. The complainant presented the cheque for collection on 20.01.2003 through his Bank, the Lakshmi Vilas Bank Limited, Palani Branch. On presentation of the cheque, the same was returned on 29.01.2003 with an endorsement 'Funds Insufficient'. The complainant/1st respondent had informed regarding the return of cheque on the ground of 'In Sufficient Funds' to the petitioner/accused, but the petitioner/accused had not made any arrangement to repay the debt.

6.In view of the same, the complainant/1st respondent had issued a legal notice dated 01.02.2003 to the accused, directing him to pay the said amount within a period of 15 days from the date of receipt of the notice. However, the petitioner/accused had not given any reply. Hence, the complaint was filed under Section 138 of Negotiable Instrument Act, praying the Court to issue summons to the accused, to conduct an enquiry and pass judgment.

7.The complaint was filed by the complainant/1st respondent before the learned Judicial Magistrate, Palani and thereafter, sworn statement was also recorded by the learned Judicial Magistrate, Palani. As per the provisions of Section 200 of Cr.P.C., the private complaint was taken cognizance by the learned Judicial Magistrate, Palani having satisfied that the ingredient of the private complaint under Section 138 of NI Act was attracted. Taking cognizance of the offences under Section 138 of the Act, the learned Judicial Magistrate, Palani numbered the complaint as C.C.No.28 of 2011 and issued summons to the accused. After receipt of the summons by the accused, the accused appeared before the learned Judicial Magistrate, Palani.

8.On appearance of the accused before the learned Judicial Magistrate, Palani, the accused was furnished with copies under Section 207 of Cr.P.C and he was questioned regarding the offence of Section 138 of Negotiable Instrument Act. The accused pleaded not guilty to the charge and prayed to be tried. Therefore, the learned Judicial Magistrate, Palani had ordered trial. 9.The complainant himself was examined as P.W-1 and one Thiru.Prakasam, the Manager, Canara Bank, Keeranur, Palani was examined as P.W-2. Documents were marked on the side of the complainant as Ex.P1 to Ex.P8. The incriminating evidences available against the accused was put to him and under Section 313 of the Cr.P.C., the accused denied the incriminating evidence. After examination of the accused under Section 313(1) of Cr.P.C., the accused himself had examined as D.W1.

10.D.W-1/the accused in his evidence had stated that the complainant/1st respondent is not a known person to him and how the cheque reached the hands of the complainant is not known. Therefore, he has no liability to pay the cheque amount.

11.The evidence of D.W-1/the accused was not considered by the learned trial Judge on the ground that after receipt of t