A. DAKSHANAMOORTHY Vs. V. SUYAMBULINGAM

JUDGEMENT

(1.) The appellant is the private complainant in S.T.C.No.2016 of 2003 on the file of the Court of Judicial Magistrate No.1, Nagercoil, Kanyakumari District and aggrieved by the order of acquittal dated 21.04.2007 made in the said case, has filed this appeal.

(2.) The appellant herein has filed the above said complaint against the respondent for the commission of the offence under Sec. 138 r/w 142 of Negotiable Instruments Act and in the complaint, it is averred by him that the respondent/accused is a native of a Village nearby to his place of residence and on account of the said acquaintance, he requested for a loan of Rs.2,00,000.00 and acceding to the said request, the appellant/complainant has paid a sum of Rs.2,00,000.00 on 05.06.2003 and for repayment of the said loan, the respondent/accused has issued a post dated cheque dated 05.07.2003 drawn on Tamil Nadu Mercantile Bank Limited, Nagercoil Branch (Ex.P.1). The appellant/complainant presented the said cheque for collection on 05.07.2003 with the bank, namely State Bank of Travancore at Asaripallam and it was dishonoured for the reason "funds insufficient" and an intimation was sent by the bank, vide Ex.P.2, dated 26.07.2003. The appellant/complainant has issued a statutory notice on 05.08.2003 (Ex.P.4) and it was returned with an endorsement "refused". The appellant/complainant alleged that in spite of receipt of statutory notice, the respondent/accused did not pay the amount due and payable under the said cheque and, therefore, filed the said complaint, seeking his prosecution for the commission of the offence under Sec. 138 r/w 142 of Negotiable Instruments Act.

(3.) The respondent/accused, on receipt of the summons, has appeared before the Trial Court and pleaded not guilty to the commission of the said offence.