S. BENJAMIN JACOB Vs. V.S. GUNASEELAN

JUDGEMENT

(1.) The order of acquittal passed in Calendar Case No. 165 of 2000, dated 18.3.2003, passed by the Judicial Magistrate No. II, Pollachi, is being challenged in the present criminal appeal.

(2.) The appellant herein, as complainant, has filed the complaint in question under Sec. 138 of the Negotiable Instruments Act 1881, on the file of the trial Court and the same has been taken on file in Calendar Case No. 165 of 2000, wherein, the present respondent has been shown as sole accused.

(3.) It is averred in the complaint that on 14.1.2000, the accused has received a sum of Rs. 5 lakhs from the complainant, to meet out his urgent expenses. On 14.3.2000, he has given a cheque for the said sum of Rs. 5 lakhs in favour of the complainant and the same has been put into concerned bank. The concerned bank has returned the same stating 'funds insufficient' and subsequently, on 27.03.2000, a legal notice has been issued and even after receipt of the same, the accused has not discharged his liability nor given any reply notice. Under the said circumstances, the present petition has been filed for getting the relief sought therein.