JOHN P. DANIEL V. Vs. K. VILASINI

JUDGEMENT

(1.) This appeal arises from an order of acquittal.

(2.) The complainant/appellant filed a complaint against first respondent/accused alleging offence under Section 138 of the Negotiable Instruments Act on the allegation that accused borrowed Rs.10,00,000/- on 4.2.2008 from complainant and in discharge of the said liability, he issued a cheque, Ext.P1 drawn on his bank. The cheque was dishonoured on presentation due to insufficiency of funds and a lawyer notice was issued demanding payment of money. The notice was refused by accused and the amount was not paid. Hence, the complaint was filed.

(3.) The evidence adduced in this case consists of oral testimony of PW1 and Exts.P1 to P5 on the side of prosecution. The accused examined DW1 and DW2 and marked Exts.D1 and D2 series. The accused stated that she obtained a loan of Rs.50,000/- from S.N.Bankers and as a security, cheque from State Bank of India was given to the said institution. When this case was filed, she approached the above bankers, but it was in a winding up stage due to financial crisis. She understood that depositors forcibly took away documents from there. In short, the contention is that she has no liability as alleged.