S NAGALAKSHMI Vs. R NAGALINGAM

JUDGEMENT

(1.) COMPLAINANT is the appellant in this appeal. The appellant has come forward with this appeal challenging the judgment dated 5.3.2004 by the learned First Additional District Judge, Salem in C.A. No. 105 of 2003 acquitting the respondent/accused in respect of offence under Section 138 of Negotiable Instruments Act, reversing the judgment dated 21.7.2003 in C.C. No. 506 of 2001 on the file of the Judicial Magistrate No. II, Salem convicting the respondent/accused in respect of an offence under Section 138 of Negotiable Instruments Act and sentencing the accused to undergo one year rigorous imprisonment and also to pay a compensation of Rs. 1,00,000/- to the complainant, viz. the appellant.

(2.) THE following are the contents of private complaint filed by the appellant under Section 138 of Negotiable Instruments Act: THE complainant is one Nagalakshmi and K.N. Venkataraman is her power of attorney holder. Before 29.6.2001, the accused obtained a loan of? 1 lakh from the complainant Nagalakshmi for which he gave a cheque dated 29.6.2001 to the complainant. As requested by the accused, it was deposited in the Lakshmi Vilas Bank, Salem on 10.9.2001, but it was returned on 11.9.2011 under the reason "no sufficient funds". Hence, she issued a notice through lawyer on 13.9.2001 but the accused refused to receive it. Hence, he is punishable under Section 138 of Negotiable Instruments Act.

(3.) POINT for Consideration: The point for consideration is "whether the respondent is liable to be punishable under Section 138 of Negotiable Instruments Act and is also liable to pay the compensation, as directed by the trial Court?." POINT :