B THULASIDAS Vs. S SUDHA

JUDGEMENT

(1.) Challenge in this criminal appeal is to the order of acquittal dated 04-03-2014, passed in C.C.No.630 of 2012 by the Judicial Magistrate, Tiruppur.

(2.) The appellant herein as complainant has filed the complaint, in question under Section 138 of the Negotiable Instruments Act, 1881, ('the NI Act' in short) wherein the present respondent has been shown as sole accused.

(3.) It is averred in the complaint that the accused has been running a rice business in Tiruppur and she knows the complainant. For the purpose of family expenses, on 05-06-2012, she received a sum of Rs.5,00,000/- (Rupees Five lakhs only) and promised to repay the same within one month. On 07-07-2012, the accused has given a cheque for a sum of Rs.5,00,000/-(Rupees Five lakhs only) in favour of the complainant and the same has been put into concerned Bank and the concerned Bank returned the same stating "Funds Insufficient" and subsequently, on 29-09-2012, the counsel has given a statutory notice to the accused and evenafter receipt of the same, she has not given any reply notice nor chosen to discharge her liability. Under the said circumstances, the accused has committed an offence punishable under Section 138 of the NI Act.