A. THIRUVASAKAM Vs. J. SATHYANARAYAN

JUDGEMENT

(1.) This Criminal Original Petition is filed to grant leave to prefer an appeal against the judgment of acquittal acquitting the respondent under Sec. 138 of Negotiable Instruments Act.

(2.) Heard the learned counsel appearing for the petitioner and perused the materials available on record.

(3.) The learned counsel appearing for the petitioner would submit that the respondent herein borrowed a sum of Rs. 2,00,000.00 in Jan. 2011 and undertake to repay the same with interest @ 18% per annum and paid Rs. 44,800.00 as interest. After that, the respondent has not paid any amount. When the petitioner/complainant demanded the repayment of the amount, the respondent issued a cheque/Ex.P.1 on 19.06.2012 for Rs. 2,20,000.00. When it was presented for encashment, it was returned as "insufficient funds" as per return memo/Ex.P.2. Hence, the petitioner issued a statutory notice/Ex.P.3 and it was returned as per Ex.P.4. The respondent has sent a reply notice/Ex.P.5. But the respondent has not repaid the amount. Hence, he preferred a complaint under Sec. 138 of Negotiable Instruments Act. The Trial Court after considering the oral and documentary evidence, has acquitted the respondent stating that the petitioner/complainant has not proved that the cheque/Ex.P.1 has been issued for discharging legally subsisting liability. Against, which he sought for leave to file an appeal against the judgment of acquittal.