MOHAN Vs. MEENAKSHISUNDARAM AND ORS.

JUDGEMENT

(1.) The private complainant in C.C. No.300 of 2006 on the file of the Judicial Magistrate No.II, Thanjavur, is the appellant and aggrieved by the order of acquittal passed by the said Court, he has filed this appeal.

(2.) It is the case of the appellant/private complainant, the first accused in his capacity as the Managing Partner of the 4th respondent/accused namely, M/s. India Tyre Retreading Company, for the conduct of the business of the said firm, borrowed a sum of Rs.1,00,000/- from him on 09.01.2000, agreeing to repay the same with interest @ 24% per annum, on demand. However, in spite of demand, the first accused did not come forward to pay the amount due and payable and once again, the appellant/complainant insisted for repayment. The first accused, in response to the said demand, issued a Cheque bearing No. 689346 dated 25.04.2001 drawn on State Bank of India, Mayiladuthurai Branch, for discharge of debt of Rs.1,00,000/-. The complainant presented the Cheque with his Banker namely, Karur Vysia Bank Ltd., Thanjavur, on 09.05.2001 and it was returned with an endorsement 'Funds Insufficient". The appellant/complainant issued a statutory notice on 19.05.2001 under Ex.P8 and the first accused, on receipt of the same, has sent a reply notice in Ex.P13 dated 29.05.2001, denying borrowal. Therefore, the complainant came forward to file the abovesaid complaint seeking prosecution of all the accused for the commission of offence under Section 138 of the Negotiable Instruments Act, on the ground that the borrowal is for the benefit of the 4th accused firm, in which all other accused are partners.

(3.) The sworn statement of the complainant was recorded and it was taken on file and the accused on appearance before the trial court, on summons, pleaded not guilty to the charge. During the course of trial, the complainant examined himself as PW1 and examined the Bank Manager of Karur Vysya Bank, Thanjavur Branch, as PWs 2 and 3 respectively and also marked Exs.P1 to P15.