N R IMAYAVARAMBAN Vs. P SENTHILVEL

JUDGEMENT

(1.) THE respondent herein / complainant had filed a case in C.C.No.202 of 2002, on the file of Judicial Magistrate-II, Coimbatore, against the revision petitioner / accused for an offence under Section 138 of Negotiable Instruments Act, stating that the accused had received a sum of Rs.25,000/-, on 02.03.1998, as a loan, agreeing to pay the said amount with interest. In order to discharge the liability of the said loan amount, he had issued a cheque on 02.01.2001 for a sum of Rs.42,000/-, drawn on State Bank of India, R.S.Puram, Coimbatore bearing cheque No.900886. The said cheque was presented on 02.01.2001 for collection. It was returned unpaid. Hence, the case was levelled against the revision petitioner herein.

(2.) ON the side of the complainant, the complainant was examined as P.W.1 and one Mr.Tamizharasan, Bank official was examined as P.W.2 and ten documents were marked as Exs.P1 to P10, viz., Ex.P1-dishonoured cheque, Ex.P2-returned memo, Ex.P3-legal notice, Ex.P4-acknowledgment card, Ex.P5-copy of the pronote, Ex.P6-copy of the case filed in City Civil Court, Ex.P7-copy of the counter filed by the respondent in the above case, Ex.P8-copy of the bank account statement of the complainant, Ex.P9-copy of the cheque collection register and Ex.P10-authorization given by the Bank to P.W.2 to represent in the said case. On the side of the accused, no witness, no documents.

(3.) P .W.2-Tamizharasan, Assistant Manager of Tamil Nadu Mercantile Bank, Pollachi Branch had adduced evidence that the complainant had a savings bank account (bank account No.037220); that on 02.01.2001, when the impugned cheque was sent for encashment, it was returned unpaid through return memo dated 12.12.2001. In support of his evidence, he had marked Ex.P8 and P9, bank account statement of the complainant and copy of cheque collection register and Ex.P10-the authorization given by his bank manager permitting him to give evidence in the instant case.