ABDUL RAHEEM Vs. U P K MOHAMMED HANEEFA

JUDGEMENT

(1.) This appeal arises out of order of acquittal in C.C.No.610 of 1996 acquitting the Respondent / Accused under Sec.138 Negotiable Instruments Act. By the Judgment dated 28.11.1997, learned Judicial Magistrate, Manapparai acquitted the accused for the offence under Sec.138 Negotiable Instruments Act.

(2.) Relevant facts necessitated for this appeal could briefly be stated thus:- Case of Complainant is that the accused borrowed a hand loan of Rs.60,000/- from the Complainant. In discharge of the said amount, on 28.02.1996, accused issued Ex.P.1 - Cheque bearing No.69017 6 for Rs.60,000/- drawn on his account with City Union Bank at Manapparai. On 20.06.1996, the Complainant has presented the said cheque for collection through his Banker - Indian Overseas Bank at Puthanatham and the same was returned (Ex.P.2 - Memo) with endorsement "Fund Insufficient". On 03.07.1996, the Complainant issued Ex.P.4 - Notice to the accused calling upon him to pay the amount of Rs.60,000/-. On 15.07.1996, accused sent Ex.P.6 - reply notice repudiating the claim and containing false allegations. Hence, the complaint was filed under Sec.138 Negotiable Instruments Act.

(3.) Before the trial Court, Complainant examined himself as P.W.1. P.W.2 (Sankaranarayanan) - Officer of Banker of the accused viz., Manapparai City Union Bank was examined. P.W.2 deposed that there was no sufficiency of funds in the account of the accused and that there was only Rs.3,195.50 in his account when the cheque presented for collection and that the cheque was returned with endorsement " Insufficiency of Funds " .