V SWAMINATHAN Vs. SANTHOSH KUMAR

JUDGEMENT

(1.) THE judgment and order acquitting the respondent for the charge under Section 138 of NI Act is challenged in this appeal.

(2.) THE facts reveal that the appellant advanced a sum of Rs.12,00,000/ - and towards the repayment of the said sum, the respondent had issued the cheque dated 30.07.2007 and when it was presented for encashment, it returned with an endorsement as insufficient funds. The appellant issued the notice and as there was no reply, a complaint came to be filed before the Trial Court to initiate action for the offence under Section 138 of NI Act.

(3.) HEARD the learned Counsel for appellant. Counsel for the respondent is absent.