MANOHARLAL Vs. R SUNDARARAJAN

JUDGEMENT

(1.) Manoharlal, the appellant herein filed the complaint for the offence under Section 138 of the Negotiable Instruments Act Against the respondents 1 and 2. The case ended in acquittal. Hence, the appeal against the acquittal.

(2.) The case of the complainant is as follows: The complainant is running a finance company by name Anand Finance. Sundararajan (Al), the first respondent herein is the partner of the firm Sri Kalaivani Polymers (A2), the second respondent herein. On 27.7.1994, the first respondent on behalf of the second respondent received a loan of Rs. 50,000/- and issued a cheque dated 12.8.1994 for the said sum. On 12.9.1994, the cheque was presented. But, the same was returned on 16.9.1994, with the endorsement Exceeds Arrangement. On 29.9.1994, the lawyer notice was sent to the respondents demanding the cheque amount. After receipt of this notice, the respondents/accused sent a reply on 6.10.1994 stating that the respondents are not liable to pay any amount. Hence, the complainant filed the above complaint.

(3.) On behalf of the complainant, the complainant examined himself as P.W. 1 and also examined the Manager of the Bank, who returned the cheque, as P.W.2. When the accused were questioned under Section 313 Cr.P.C. It was submitted on their behalf that there is no connection whatsoever with the complainant and neither any amount was received from him nor any cheque was issued in favour of him. On their behalf, the first accused was examined as D.W.1 and one Arasendran was examined as D.W.2.