SRI VAIRAMUDI ENTERPRISES Vs. L R SEETHARAMAN

JUDGEMENT

(1.) THIS is an appeal preferred by the complainant against the acquittal of the respondent for an offence under Section 138 of the Negotiable Instruments act passed by the learned I Additional Sessions Judge, Coimbatore in C. A. No. 150 of 1993.

(2.) THE brief facts that have led to the acquittal are as follows : The complainant filed a complaint before the VII Judicial Magistrate, Coimbatore in C. C. No. 171 of 1991 against the respondent herein for an offence under section 138 of the Negotiable instruments Act. The averments in the complaint are that the accused/respondent borrowed a sum of Rs. 25,000/- and executed a promissory note on 25. 01. 1998. The loan was borrowed at the interest rate at 22 per cent. He undertook to repay the said loan within two months. When he received the amount he paid two months interest and gave Ex. P. 13 wherein the due date has been noted as 25. 03. 1988. But, however, when the two months time was about to be lapsed, the complainant demanded the money. The accused apparently was not prepared to give the money, but instead issued a cheque dated 12. 03. 1991. The same was presented in the Karur Vysya Bank, coimbatore arid it was returned as "insufficient funds". Hence, notice as contemplated under the Negotiable Instruments, Act was issued. However, the notice was returned unserved and consequently the complaint was filed before the expiry of the period of limitation.

(3.) TO substantiate the averments, the prosecution has examined two witnesses. P. W. 1 is none other than the complainant who speaks with reference to the above said facts. P. W. 2 is the Bank Manager who speak with reference to the dishonouring of cheque.