IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-01-2026 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR and Crl.MP.No.15803 of 2018 K.Ganesamoorthy S/o.Kuppusamy @ Kuppanan, Proprietor, M/s.K.G.Autos, 72, Brige Way Colony, Near Athiparasakthi Temple, Tiruppur, Tiruppur Taluk, Thiruppur District.

Appellant(s)

Vs K.Karthikeyan S/o.Kuppusamy, 15, Muthu Gounder Street, Bhrahmana Periya Agraharam, Erode-5, Erode Taluk, Erode District.

Respondent(s)

PRAYER: This criminal appeal filed under Section 374(2) of Crl.P.C. to set aside the judgment dated 24.08.2018 passed in C.A.No.303 of 2017 on the file of the Second Additional District Sessions Judge, Erode reversing the judgment dated 3.11.2017 passed in S.T.C.No.163 of 2016 on the file of the Judicial Magistrate (Fast Track Court) No.1 Erode by allowing the present criminal revision petition.

For Appellant(s): Mr.S. Ismath Hajarah For Mr.I.C.Vasudevan For Respondent(s): Mr.John Harrison Legal Aid Counsel For Respondent (vide Order Dated 26.09.2025)

JUDGMENT

This criminal appeal has been filed to set aside the judgment dated

24.08.2018 passed in C.A.No.303 of 2017 on the file of the Second Additional District Sessions Judge, Erode, reversing the judgment dated 03.11.2017 passed in S.T.C.No.163 of 2016 on the file of the Judicial Magistrate (Fast Track Court)

No.1 Erode.

2.On earlier occasion i.e.15.12.2025, this Court passed the following order:

The respondent as complainant filed a private complaint for offence under Section 138 of Negotiable Instruments Act, 1881 in S.T.C.No.163 of 2016 against the appellant/accused before the learned Judicial Magistrate, Fast Track Court No.I, Erode (trial Court) and the complaint dismissed by judgment dated 03.11.2017 acquitting the appellant/accused. Challenging the same, the respondent preferred an appeal before the learned II Additional Sessions Judge Erode in Crl.A.No.303 of 2017 (lower appellate Court) and the lower appellate Court by judgment dated 24.08.2018 set aside the judgment of trial Court and convicted the appellant/accused for offence under Section 138 r/w 142 of Negotiable Instruments Act, 1881 and sentenced to undergo six months Simple Imprisonment and to pay the cheque amount of Rs.10,00,000/- (Rupees ten lakh only) as compensation to the respondent/complainant in default to undergo one month Simple Imprisonment. Aggrieved over the same, the present appeal is filed by the appellant/accused.

2.Gist of the case is that on 20.10.2015 the appellant borrowed a sum of Rs.10,00,000/- (Rupees ten lakh only) from the respondent for his urgent need and issued a post dated cheque bearing No.020350 dated 20.11.2015 (Ex.P1) drawn on Bank of India, S.S.I Branch, Tiruppur. When the respondent presented the cheque (Ex.P1) for encashment on 20.11.2025, the same got dishonoured for the reason “Account Closed” on 23.11.2015. Thereafter, the respondent issued statutory notice (Ex.P4) on 30.11.2015 to the appellant. But the appellant neither sent any reply to the statutory notice (Ex.P4) nor paid the cheque amount. After following the procedure, the complaint under Section 138 of Negotiable Instruments Act, 1881 filed before the trial Court. During trial, the respondent examined himself as PW1 and marked the cheque/Ex.P1, bank challan/Ex.P2, Bank Return Memo/Ex.P3, Statutory Notice/Ex.P4, Postal Acknowledgment Card/Ex.P5 and photostat copy of sale deed dated 03.06.1972/Ex.P6. On the side of the defence, the Bank Manager of Bank of India (complainant bank) examined as DW1 and Ex.D1 marked. On conclusion of trial, the trial Court acquitted the appellant, but in the appeal, the judgment of trial Court set aside and the appellant was convicted.

3.Learned counsel for the appellant/accused submitted that the respondent admits that he gave loan of Rs.10,00,000/- on the request of the appellant primarily based on the cheque (Ex.P1) alone and no other supporting document collected. The respondent further admits that he studied upto 10^th std and running a tea shop. On