SANGEETHA Vs. A. RAJA

JUDGEMENT

(1.) This Criminal Appeal arises out of the judgment of acquittal dated 01.04.2008 made in C.C.No.228 of 2006 on the file of the learned Judicial Magistrate No.I, Salem (Salem District).

(2.) The appellant as a complainant preferred a private complaint under Section 138 of Negotiable Instruments Act stating that on 02.02.2003, the respondent/accused borrowed a sum of Rs.2,00,000/- from the appellant/complainant and agreed to repay the same with interest in 11 months and on the same day, they entered into a loan agreement/Ex.P.6. Since he has not repaid the money, he issued a cheque/Ex.P.1. dated 27.03.2006 for a sum of Rs.2,00,000/- drawn in Canara Bank, Erumapalayam Branch. When it was presented for encashment in Bharat Overseas Bank, Salem Branch, it was returned as "insufficient funds" as per return memo/Ex.P.2. The same was intimated by the Bharat Overseas Bank to the appellant/complainant and it was marked as Ex.P.3. So the appellant/complainant on 13.04.2006 issued Ex.P.4/statutory notice to the respondent under Section 138 of Negotiable Instruments Act, which was evidenced by Acknowledgment Card/Ex.P.5. Even though the respondent/accused received the notice, neither he repaid the money nor sent any reply. Hence, the appellant/complainant was constrained to file a private complaint against the respondent/accused under Section 138 of Negotiable Instruments Act.

(3.) The trial Court has taken cognizance of an offence after recording the sworn statement and after following the procedure. Since the accused pleaded not guilty, the trial Court examined P.W.1 and Exs.P.1 to P.6 on the side of the complainant and on the side of the respondent no oral and documentary evidence was marked. The trial Court after considering the oral and documentary evidence, acquitted the accused for the offence under Section 138 of Negotiable Instruments Act.