GOPAL @ RAJAGOPAL Vs. KRISHNAMURTHY

JUDGEMENT

(1.) For the sake of convenience, the petitioner and the respondent will be referred to as accused and complainant respectively.

(2.) It is the case of the complainant that on 13.09.2009, the accused borrowed Rs.6,50,000/- towards which, the accused gave a post-dated cheque dated 14.10.2009 for Rs.6,50,000/- (Ex.P1), drawn on Karur Vysya Bank, Neyveli; the complainant presented the said cheque on 14.10.2009 in State Bank of India, where he was having his account; the said cheque was returned unpaid with the endorsement "funds insufficient" vide bank memo dated 15.10.2009 (Ex.P3); the complainant issued a statutory demand notice dated 30.10.2009 (Ex.P5), which was received by the accused vide acknowledgment card (Ex.P6); the accused did not give any reply nor comply with the demand. Therefore, the complainant initiated a prosecution in S.T.C.No.226 of 2009 before the District Munsif-cum-Judicial Magistrate, Neyveli for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for brevity "the NI Act") against the accused.

(3.) On appearance, the accused was questioned under Section 251 Cr.P.C. and he denied the accusation.