GUNASEKARAN Vs. M P THANGAVEL

JUDGEMENT

(1.) THE criminal appeal arises out of the judgment of acquittal dated 10.09.2004, made in C.C.No.808 of 2002, on the file of the Judicial Magistrate's Court, Thiruchengode.

(2.) THE appellant as a complainant preferred a private complaint under Section 138 of Negotiable Instruments Act, stating that the respondent/accused borrowed a sum of Rs.5,00,000/- for his business purpose on 23.04.2002 and issued Ex.P1 cheque of Chithode Farmer's Service Co-operative Society Ltd., bearing No.11754, dated 23.04.2002 for Rs.5,00,000/-. When the above cheque has been presented for encashment before the Indian Overseas Bank on 20.06.2002, it was returned as 'insufficient funds' on 25.06.2002. Challan and counter foil of Indian Overseas Bank was marked as Ex.P2 and the return memo was marked as Ex.P3. Debit Advice from Chithode Lakshmi Vilas Bank was marked as Ex.P4. On 29.06.2002, the complainant issued a statutory notice to the respondent under Ex.P5 and return cover was marked as Ex.P6. The respondent herein knowing fully well that there was no sufficient funds in his account, issued a cheque and thereby committed offence under Section 138 of Negotiable Instruments Act.

(3.) EVEN though notice was served to the respondent, the respondent is neither entered his appearance in person nor through his counsel.