SARATHY ENTERPRISES Vs. SELVARAJ

JUDGEMENT

(1.) The Complainant in C.C.No.216 of 1994 on the file of Judicial Magistrate No.1, Namakkal is the Appellant. Aggrieved by the order of acquittal, acquitting the Respondent / Accused under Sec.138 Negotiable Instruments Act, the Complainant has preferred this appeal.

(2.) The facts which led to the present appeal could briefly be stated thus:- The complaint is filed on behalf of M/s.Sarathy Enterprises alleging that one Jayaraman, his wife Sheela and the Accused approached the Complainant for loan facilities and borrowed a sum of Rs.60,000/- on 19.06.1993 from the Complainant for their business and other expenses. Further case of the Complainant is that in order to repay the loan borrowed, the said Jayaraman had issued a cheque dated 18.04.1994 drawn on Canara Bank, Thathiyangarpet Branch, which was returned for 'insufficiency of funds'. Thereafter, the Complainant approached the said Jayaraman. That apart, the Complainant has also approached the Accused explaining the position and the Accused is said to have issued Ex.A.1 cheque (dated 08.07.1994) bearing No.792017 drawn on Trichirappalli District Cooperative Bank, Thathiyangarpet Branch for Rs.60,000/-. Ex.A.1 cheque was presented for collection on 08.07.1994 in Karur Vysya Bank, Namakkal, which was returned with an endorsement 'not arranged for'. After issuing notice, the Complainant had filed the complaint against the Accused.

(3.) To substantiate the averments made in the complaint and that the amount is payable by the Accused and that the cheque was returned for insufficiency of funds, the Complainant has examined himself as P.W.1. P.W.2 - Manager of Karur Vysya Bank was also examined. In his evidence, P.W.1 - the Complainant has spoken about the borrowal by Sheela. The Complainant has further spoken about the issuance of Ex.A.1 cheque (dated 08.07.1994) by the Accused for Rs.60,000/- drawn on Cooperative Bank, Thathiyangarpet Branch and about the return of the cheque. Similarly, P.W.2 - Manager of the Karur Vysya Bank has also spoken about the presentation of the cheque and the insufficiency of funds in the Account of the Accused.