T. JOTHI Vs. R. ANANDHAVALLI

JUDGEMENT

(1.) This memorandum of Criminal Appeal under Section 378(4) of Criminal Procedure Code has been brought before this Court by the appellant challenging the judgment dated 23.10.2008 and made in C.C. No.123 of 2007, on the file of the learned Judicial Magistrate No.3, Dindigul, acquitting the respondent who is the accused in the above said case, as he is not found guilty under Sections 138 and 142 of Negotiable Instruments Act, 1881, (in short the Act).

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

(3.) The relevant facts and circumstances which giving rise to the memorandum of criminal appeal may be summarised briefly as follows:- 3.1. That on 24.09.2006, the accused had borrowed a sum of Rs. 3,00,000/- from the complainant for meeting out her urgent family expenses and by way of discharging that loan amount, she had issued a cheque (Ex.P1) bearing No.285037, dated 09.11.2006 for the value of Rs. 3,00,000/- drawn on Canara Bank, Gandhigram Branch in favour of the complainant. When the cheque was presented for encashment before the Canara Bank, Gandhigram Branch, on 09.11.2006, was returned on 10.11.2006, with an endorsement stating that "funds insufficient".