RAVI CHANDRAN Vs. SUBRAMANIAN

JUDGEMENT

(1.) THE complainant, in CC No. 204 of 1997 on the file of the Judicial Magistrate No. VI, Coimbatore having failed in his attempt to get a conviction against the respondent/accused, has come to the Court as appellant, seeking the same relief.

(2.) IT is the case of appellant/complainant, that the accused/respondent along with another, had borrowed a sum of Rs. 90,000 on 4. 7. 1994, that in order to discharge the said debt, he had issued a cheque dated 19. 3. 1997 for a sum of Rs. 1,47,000, which includes interest, that when the cheque was tendered for collection, the same was returned with an endorsement "funds insufficient", that even after the issue of mandatory notice, the accused failed to pay the cheque amount and in this view since he had committed the offence under Section 138 of the Negotiable Instruments Act, he should be dealt with accordingly.

(3.) THE accused/respondent upon appearance appears to have not only denied the liability, but also the issuance of the cheque in favour of the complainant for the alleged discharge of liability.