A.N.BASKARAN Vs. C.RAMESH

JUDGEMENT

(1.) The revision petitioner/respondent/ complainant had preferred the present revision in Crl.R.C.No.335 of 2010 against the judgment made in Crl.M.P. No.1553 of 2009 in C.A.No.218 of 2008, on the file of learned I Additional Judge, City Civil Court, Chennai and dismiss the same.

(2.) The short facts of the case are as follows:- The accused had borrowed a sum of L 55,000/- from the complainant for his urgent family expenses and promised to repay the amount within six months, with interest at the rate of 2% per month and had executed a promissory note to this effect. ON demand, the accused issued a cheque bearing No.576178, dated 20.01.2006 for a sum of L 61,000/- drawn on Canara Bank, Chennai-2, in favour of the complainant. When the complainant presented the said cheque with his bankers on 26.05.2006, it was returned for the reason of "insufficient funds" on 27.05.2006. The complainant sent a legal notice to the accused on 02.06.2006 to the two addresses of accused. One of the notice was returned with endorsement "intimation delivered" and other notice was returned with endorsement "left". Hence, the complainant had filed a complaint against the accused for an offence under Section 138 of Negotiable Instruments Act before the XIII Metropolitan Magistrate, Egmore, Chennai.

(3.) On being questioned, the accused denied he was guilty and hence trial was conducted. On the complainant's side, the power of attorney holder of the complainant was examined as P.W.1 and 7 documents were marked as Ex.P1 to P7 viz., Ex.P1-power of attorney, Ex.P2- copy of legal notice, Ex.P3-cheque for L 61,000/-, Ex.P4-return memo, Ex.P5-copy of legal notice and Exs.P6 and P7, returned cover. On the side of the accused, no witness, no documents.