N.JEBARATHINAM Vs. R.RAMAR

JUDGEMENT

(1.) THE complainant is the appellant. This appeal is filed by the complainant, challenging the order of acquittal passed by the trial Court.

(2.) THE case of the prosecution is that the accused has borrowed money to the tune of Rs.74,800/- from the complainant, for which the accused has given a cheque and when the cheque has been presented in the bank, the same has been returned by the bank with an endorsement 'insufficient fund' and after due notice, the complainant has filed a private complaint under Section 138 of the Negotiable Instruments Act.

(3.) ON the side of the prosecution, PW.1 has been examined and Exs.P1 to P6 have been marked. When the accused has been questioned under Section 313 of the Code of Criminal Procedure, as respects the incriminating circumstances appearing in evidence against him, he denied his complicity in the crime. On the side of the accused, DW1 has been examined and Exs.D1 & D2 have been marked.