K CHINNAPPA Vs. A SELVAM

JUDGEMENT

(1.) The complainant herein filed 4 complaints, separately, against the accused under Section 138 of the Negotiable Instruments Act. The Court below, found the accused not guilty under Section 138 of the Negotiable Instruments Act and acquitted him under Section 255(1) of Cr.PC. Challenging the same, these appeals have been filed by the complainant himself.

(2.) The case of the complainant is that the complainant and the accused were friends from the year 1999; the accused borrowed a sum of Rs.1,00,000/- from the complainant on 25.12.2001 to carry out film distribution and the amount is payable with interest at the rate of 24% per annum. Towards discharge of the liability, the accused gave a cheque on 17.05.2002 for the said sum, drawn on Andhra Bank, Madurai Branch, bearing No.233101. The cheque was presented for collection on 18.05.2002 and the same was returned with an endorsement "payment stopped by the drawer". The appellant issued statutory notice on 04.06.2002 and the accused did not respond either by paying the amount or by issuing a reply. Hence, the complainant has chosen to file a complaint under Section 138 of the Negotiable Instruments Act.

(3.) On behalf of the complainant, 2 witnesses have been examined and 5 documents were marked. On the side of the accused, 1 witness has been examined and 2 documents have been marked, out of which, one is the copy of the letter dated 11.04.2002 written by the complainant himself and the other one is the statement of accounts.