SUBBULAKSHMI Vs. G.R. SENTHILNATHAN

JUDGEMENT

(1.) THE Criminal appeals arise out of the judgment of acquittal dated 29.09.2006 made in C.C. Nos. 407 and 521 of 2004 on the file of the Judicial Magistrate No. I, Coimbatore.

(2.) THE appellant herein as a complainant preferred a private complaint stating that on 29.11.2003, the respondent/accused has borrowed Rs. 5,000/ - for his family expenses from the appellant and to discharge the same, he issued Ex. P1 cheque to the appellant. When the appellant has presented the cheque for encashment on 01.12.2003, it was returned as "insufficient funds" vide Ex. P2 return memo and the debit advice was marked as Ex. P3. Therefore, the appellant has sent legal notice Ex. P4 to the respondent on 13.12.2003 and the acknowledgment card was marked as Ex. P5. But it was returned as "not claimed" on 27.12.2003. Since the respondent neither sent any reply nor repaid the amount, the appellant has preferred the private complaint under Section 138 of the Negotiable Instruments Act (hereinafter called as "the Act").

(3.) THE appellant herein as a complainant preferred a private complaint stating that on 29.11.2003, the respondent/accused has borrowed Rs. 2,00,000/ - for his family expenses from the appellant and to discharge the same, he issued Ex. P1 cheque to the appellant. When the appellant has presented the cheque for encashment on 01.12.2003, it was returned as "insufficient funds" vide Ex. P2 return memo. Therefore, the appellant has sent legal notice Ex. P3 to the respondent on 13.12.2003 and the acknowledgment card was marked as Ex. P4. But it was returned as "not claimed" on 27.12.2003. Since the respondent neither sent any reply nor repaid the amount, the appellant has preferred private complaint under Section 138 of the Act.