M. PADMARAJ Vs. K. V. RAMAMURTHY

JUDGEMENT

(1.) This appeal is by the complainant challenging the acquittal of accused for the offence punishable under Sec. 138 of the N.I. Act by the Sessions Court, by reversing the conviction and sentence imposed by the trial Court.

(2.) For the sake of convenience, the parties are referred to by the rank before the trial Court.

(3.) It is the case of the complainant that accused borrowed loan of Rs.75,000.00 from the complainant, agreeing to repay the same with interest within three months. However, despite repeated requests it was not repaid the loan. Ultimately, accused issued a cheque dtd. 12/9/2006. When complainant presented the same through his banker, it returned dishonored, on the ground of "Insufficiency of Funds" on 15/9/2006. Complainant got issued a legal notice dtd. 20/9/2006. Though it is duly served on the accused, he has neither paid the amount due under the cheque nor sent any reply. Without any alternative, the complainant has filed the complaint.