T R DASAPPAN Vs. P R RAJAGOPALAN

JUDGEMENT

(1.) THE revision petitioner herein / accused had borrowed a sum of Rs.16,00,000/- as loan from the respondent herein / complainant agreeing to repay the same on monthly installment basis. The accused had also issued a pronote for the said amount. In order to discharge the said loan amount, the accused had issued a cheque for a sum of Rs.7,00,000/-, dated 16.03.2001, and the said cheque was presented by the complainant with his bankers viz., State Bank of India, West Mambalam, the same was returned unpaid. Hence, the complainant had filed the above case against the accused under Section 138 of Negotiable Instruments Act.

(2.) ON the side of the complainant, three witnesses have been examined viz., P.W.1-complainant, P.W.2-the Manager of the complainant's bank and P.W.3- the Manager of accused bank. Complainant had marked 12 exhibits, which are as follows:-

(3.) P.W.3, Chandrasekar, the Manager of the Global Trust Bank, Annanagar, had adduced evidence stating that the accused is an account holder of the bank. The complainant's cheque came for encashment. On that day, the balance in the account of the accused was only a sum of Rs.300/-. He had marked the bank statement of the accused and authorization letter.