N.DURAISAMY Vs. SMT.SAROJINI

JUDGEMENT

(1.) The order of acquittal passed in Criminal Appeal No.517 of 2004, by the Additional District and Sessions-cum-Fast Track Court, No.I, Coimbatore, is being challenged in the present criminal appeal.

(2.) The appellant herein, as complainant, has filed the complaint in question under Section 138 of the Negotiable Instruments Act, 1881, on the file of the Judicial Magistrate No.2, Coimbatore and the same has been taken on file in Calendar Case No.777 of 2003, wherein, the present respondent has been shown as sole accused.

(3.) It is averred in the complaint that on 11.06.2001, the accused has received a sum of Rs.3 lakhs from the complainant by way of executing a promissory note and on 12.06.2003, she has given a cheque in favour of the complainant for a sum of Rs.3,50,000/- and the same has been put into concerned bank, but the concerned bank has returned the same stating 'funds insufficient' and subsequently, a legal notice has been issued and the same has not been claimed by the accused. Under the said circumstances, the present complaint has been filed for getting the relief sought therein.