G VEERACHAMI Vs. K KARUPPASAMI

JUDGEMENT

(1.) This memorandum of criminal appeal is directed against the judgment dated 13.06.2008 and made in STC No.1064 of 2007 on the file of the learned Judicial Magistrate, No.I, Sattur dismissing the complaint on the ground that the accused has not been found guilty under Section 138 of NI Act. Being aggrieved by the impugned judgment, the complainant has approached this Court by way of this appeal.

(2.) For easy reference, the appellant may herein after be referred to as the complainant and the respondent may hereinafter be referred to as the accused.

(3.) The related facts and circumstances which giving rise to the memorandum of criminal appeal may be summarised briefly as follows: The complainant is running a match factory and the accused is doing business on lorry transport. Both are friends. That on 10.09.2006 the accused had borrowed a sum of Rs.5,00,000/- from the complainant for the enrichment of his business and agreed to repay the loan amount within a period of one month. He had also issued a cheque dated 10.10.2006 for the value of Rs.5,00,000/- in favour of the complainant. When presented for encashment on 12.02.2007 through Tamil Nadu Mercantile Bank Ltd., Ezhayiram Pannai Branch, it was returned on 14.02.2007 with an endorsement as funds 'insufficient'. Then the complainant was constrained to issue a statutory notice on 21.02.2007 which was received by the accused on 23.02.2007. since no amount was paid even after the receipt of notice, the complainant had chosen to file this complaint.