JAYAMOORTHY Vs. R VIVEKANANDAN

JUDGEMENT

(1.) The order of acquittal dated 23.10.2007 passed in S.T.C.No.126 of 2005, by the Judicial Magistrate, Panruti, is being challenged in the present criminal appeal.

(2.) The appellant herein, as complainant, has filed the complaint in question under Section 138 of the Negotiable Instruments Act, 1881 and the same has been taken on file in STC No.126 of 2003, on the file of the Judicial Magistrate, Panruti, wherein the present respondent has been shown as sole accused.

(3.) It is averred in the complaint that on 15.7.2002, the accused has given a cheque for a sum of Rs.4 lakhs in favour of the complainant and the same has been presented on three occasions, but the concerned bank has returned the same stating 'funds insufficient' and subsequently, legal notices have been issued and even after receipt of the same, the accused has not discharged his liability and thereby committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881.