T R PALANISAMY Vs. HARIHARAN

JUDGEMENT

(1.) COMPLAINANT is the appellant in this appeal. The appellant has come forward with this appeal challenging the judgment dated 03.06.2003 made in C.C.No.257 of 2002 by the learned Judicial Magistrate, Tiruchengode

(2.) THE following are the allegations contained in the private complaint filed by the appellant under Section 138 of Negotiable Instruments Act. 2[a] The accused approached the complainant on 20.09.1999 for financial assistance and he borrowed a sum of Rs.1 lakh from the complainant agreeing to repay the same within one month and issued a cheque on 20.09.1999 for Rs.1 lakh bearing No.RGE 686090 of Punjab National Bank, Sankari West (Salem) to the complainant. The complainant presented the cheque on 03.11.1999 and the cheque was returned on 20.11.1999 unpaid with a memo "refer to drawer". Hence, on 01.12.1999, the complainant issued a notice to the accused calling upon him to pay the amount within 15 days from the date of receipt of the notice. But the notice was returned with an endorsement that intimation given to the accused on 03.12.1999 and it was returned on 17.12.11999. Hence, the complaint is filed. 2[b] The respondent denied the charge and he was tried. While he was questioned under Section 313 Cr.P.C., he denied the complicity to the offence. He did not examine any witness and marked Exs.D1 to D3.

(3.) AFTER scrutiny of the evidence on record, the learned Judicial Magistrate, Tiruchengode acquitted the respondent of the charges by finding that there was no recoverable debt payable by the respondent to the appellant. Hence, the appellant is before this Court with this appeal.