JUDGMENT

This Criminal Appeal is filed to set aside the conviction and sentence imposed by the learned I Additional District Judge (PCR), Tiruchirappall in Criminal Appeal No.22 of 2014, dated 31.10.2014.

2.The brief facts which are necessary for the disposal of this criminal appeal are as follows:

2.1.The appellant is the complainant before the learned Judicial Magistrate No.VI, Tiruchirappalli. As per the complaint, the accused before the learned Judicial Magistrate No.VI, is alleged to have obtained loan of Rs.3,00,000/- from the complainant on 12.03.2006 for which he had issued a cheque on 04.09.2006. When the same was presented by the complainant on the same day, it was returned for insufficient funds on 05.09.2006. Therefore, he had sent statutory notice on 13.09.2006 calling upon the accused to settle the dues within fifteen days, failing which, he will be forced to take legal action through Court of law. The accused received the notice on 16.09.2006 and he had issued reply on

04.10.2006 whereby he claimed that he had not executed any promissory note or cheque in favour of the complainant. As per his claim in the reply notice, he had already borrowed a sum of Rs.20,000/- from o