A YASIM KHAN Vs. A ABDUL

JUDGEMENT

(1.) The order of acquittal passed in Crl.A.No.54 of 2006, by the Additional District and Sessions Court (Fast Track Court No.I), Salem, is being challenged in the present criminal appeal.

(2.) The appellant herein, as complainant, has filed a complaint in question under Section 138 of the Negotiable Instruments Act 1881, on the file of the Judicial Magistrate No.I, Salem and the same has been taken on file in Calendar Case No.1124 of 2004, wherein, the present respondent has been shown as sole accused.

(3.) It is averred in the complaint that the accused has received a sum of Rs.1,00,000/- by way of debt, from the complainant, on 10.08.2000 and to that extent, he executed a promissory note. In order to discharge his liability, on 21.07.2003, he has given the cheque in question and the same has been presented in the concerned bank and the concerned bank has returned the same stating 'funds insufficient' and subsequently, statutory notice has been given and even after receipt of the same, the accused has not discharged his liability. Under the said circumstances, the present complaint has been filed for getting the relief sought therein.