A.P. APPUSAMY Vs. S. RAJASEKARAN

JUDGEMENT

(1.) THIS Criminal Appeal arises out of the judgment of acquittal dated 12.10.2011 made in C.C. No.161 of 2011 on the file of the learned Chief Judicial Magistrate, Erode.

(2.) THE appellant as a complainant preferred a private complaint under Section 138 of Negotiable Instruments Act stating that the respondent/accused borrowed a sum of Rs.1,00,000/ - from the appellant/complainant on 08.06.2006 and agreed to pay back the same with interest at the rate of 24% per annum. On the same day, the respondent/accused issued a post dated cheque/Ex.P.1 dated 01.09.2008, for Rs.1,00,000/ - on Indian Overseas Bank. When the post dated cheque/Ex.P.1 was presented for encashment by the appellant before Indian Overseas Bank, Erode, but it was returned as "account closed" as per return memo Ex.P.2. So the appellant/complainant on 12.09.2008 issued Ex.P.3 statutory notice to the respondent under Section 138 of Negotiable Instruments Act, which was evidenced by Acknowledgment Card/Ex.P.4. But the respondent/accused has not paid the cheque amount. Therefore, the appellant/complainant was constrained to file a private complaint against the respondent/accused under Section 138 of Negotiable Instruments Act.

(3.) CHALLENGING the judgment of acquittal passed by the trial Court, the learned counsel for the appellant/complainant raised the following points: