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This criminal revision is directed against the judgment, dated 02.08.2019 passed in C.A.No.67 of 2013 by the Additional District and Sessions Judge, Nagercoil, partly modifying the judgment of the Judicial Magistrate No.1, Kuzhithurai, passed in STC No.1187 of 2009, dated 21.10.2013.

2.The short facts of the case is that the accused is known to the complainant in his business and on 11.01.2009, the accused borrowed a sum of Rs.6 Lakhs from the complainant in his house and gave a cheque of Indian Bank, Parasalai branch bearing No. 472906, dated 11.02.2009 and when the complainant presented the cheque for collection in Canara Bank, Marthandam on 26.02.2009, the same was dishonoured on 16.03.2009 as “Funds Insufficient”. In this regard, the complainant issued a legal notice to the accused on 19.03.2009, but the notice was returned as “Unclaimed.” Hence, the case.

4.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the 2nd respondent. In-spite of giving several opportunities, there is no representation for the 1st respondent.

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5.The main contention raised on the side of the petitioner/accused is that there is no money transaction between the complainant and the accused as stated by the complainant and the accused is only a Staff in the Firm namely Dhanalakshmi Enterprises, which was conducted by the complainant and since the complainant had committed cheating in the payment of the Customs Tax, due to the Government, he was liable to pay a sum of Rs.27,97,867/- to the Government and the complainant paid some amount and to pay the remaining amount, he demanded the accused to give some amount as loan, but the accused did not pay any amount to the complainant and hence, on 01.07.2008 at 9.00 pm, the complainant along with henchmen entered into the house of the accused forcibly and taken away 7 cheque leaves of Indian Bank, Parasalai branch belonging to the accused and this complaint is filed by using one of the cheque leaves taken away by the complainant from the house of the accused and the complainant has not proved any ingredients to punish the accused under section 138 of the Negotiable Instruments Act and hence, prays that the accused is entitled to acquittal from the case, by allowing this criminal revision.