K BADRINARAYANAN Vs. S S RAVIKUMARAN

JUDGEMENT

(1.) APPELLANT is the Complainant in C. C. No. 881 of 1993 on the file of Judicial Magistrate Court, Ambattur. By the Judgment dated 05. 01. 1998, learned Judicial Magistrate, Ambattur has acquitted the Respondent/accused of the offence punishable under Sec. 138 Negotiable Instruments Act, 1881 (hereinafter referred to as N. I. Act ). Aggrieved over the order of Acquittal, the Appellant/ Complainant has preferred this Appeal.

(2.) CASE of the Complainant is that the Accused has borrowed a sum of Rs. 1,00,000/- from the Complainant on 31. 08. 1992 for doing his business and Raw Silk and Handloom and promising to repay the said amount along with interest at the rate of 18% per annum. The Complainant was demanding for early repayment of the Cheque amount. Towards discharge of the Cheque amount, the Accused had issued Ex. P. 1 Cheque No. M. 411558 drawn on Kancheepuram Central Co-operative Bank Ltd. , at Kancheepuram for Rs. 1,00,000/ -. Ex. P. 1-Cheque was presented for collection in Indian Bank, Korattur Branch Banker of the Complainant on 15. 07. 1993. Ex. P. 1-Cheque is returned on 21. 07. 1993 with endorsement Insufficient Funds. Thereafter, the Complainant issued Ex. P. 4-Legal Notice to the Respondent / Accused on 30. 07. 1993. The Respondent / Accused received the Notice on 02. 08. 1993; but has not repaid the amount even after the receipt of the Notice. Hence, the Complainant has filed the Complaint against the Accused under Sec. 138 N. I. Act.

(3.) IN the Trial Court, the Complainant has examined himself as P. W. 1, Banker of the Accused Manager, Kancheepuram Central Co-operative Bank, Kancheepuram Branch was examined as P. W. 2, Banker of the Complainant Manager, Indian Bank, Korattur Branch was examined as P. W. 3. Exs. P. 1 to P. 9 were marked. The Respondent / Accused was questioned under Sec. 313 Crl. P. C against the incriminating evidence. Denying all of them, the Accused had stated that he had already issued stop payment even in the month of May 1993 and that no amount is payable by him.