TAMILARASAN Vs. MURUGAN

JUDGEMENT

(1.) This Criminal Revision Case has been preferred challenging the judgment of the learned II Additional Sessions Judge, Pondicherry dtd. 18/1/2014 made in C.A.No.40 of 2014.

(2.) This case has arisen out of a private complaint filed by the respondent/complainant on the allegations that the petitioner borrowed a sum of Rs. 5,00,000.00 on 13/11/2006, another sum of Rs. 5,00,000.00 on 9/1/2007, Rs. 4,00,000.00 on 4/1/2007 and Rs. 5,00,000.00 on 9/1/2007, totally Rs. 19,00,000.00 for his business purpose. After repaying a part amount, he had issued two cheques dtd. 20/1/2007 and 5/2/2007 for the sum of Rs. 6,90,000.00 and Rs. 8,99,000.00 respectively towards discharging the loan amount. The cheques were drawn on the Federal bank, Pondicherry. The respondent/complainant presented the cheque for collection through his bank ICICI, Puducherry and the same was returned on 30/1/2007 and on 6/2/2007 for the reason 'insufficient funds'. After having issued the statutory notice and complying the legal mandates, the complainant has filed the private complaint against the accused for the offence under Sec. 138 of Negotiable Instruments Act.

(3.) After the case was taken on file and after completing the legal formalities, on the side of the complainant, he examined himself as PW.l and marked 9 exhibits as Ex.P.l to Ex.P9. On the side of the accused, no witness was examined and no documents were marked.