C. DURAISAMY Vs. K. BALAKRISHNAN

JUDGEMENT

(1.) The complainant in C.C.No.151 of 2006 on the file of the District Munsif cum Judicial Magistrate, Kidumudi is the appellant. The complainant filed the aforesaid complaint against the respondents under Section 138 of the Negotiable Instruments Act. By judgment dated 15.04.2009, the learned Judicial Magistrate convicted the respondents and sentenced them to undergo one year simple imprisonment and to pay compensation of Rs.1,00,000/- to the complainant. Aggrieved by the said judgment, the respondents filed Appeal in C.A.No.70 of 2009 on the file of the Additional District Court and Fast Track Court No.1, Erode, and the learned Additional Sessions Judge set aside the conviction and sentence, and allowed the Appeal and aggrieved by the same the present Appeal is filed by the complainant.

(2.) The case of the complainant / appellant is that he knew the respondents and on 21.5.2006, the respondents borrowed a sum of Rs.1,00,000/- from him and on that date, they issued a post dated cheque dated 21.7.2006 drawn on South Indian Bank, Pollachi Branch, for the said amount and when the appellant presented the cheuqe for collection on 21.7.2006, the cheque was returned with an endorsement "insufficient funds"and after issuing a statutory notice to the respondents on 2.8.2006, the respondents sent a reply but did not come forward to settle the amount and therefore, a complaint was filed by the complainant.

(3.) During trial, the complainant/appellant examined himself as PW.1 and marked 9 Exhibits. On the other hand, the first respondent examined himself as DW.1 and marked 6 Exhibits.