R.PRABHAKARAN Vs. M.BALAMURUGAN

JUDGEMENT

(1.) The appellant as complainant filed a private complaint under Sec. 138 of Negotiable Instruments Act, 1881 in S.T.C.No.65 of 2015 before the learned II Additional District Munsif, Bhavani (trial Court) against the respondent/accused. The trial Court by judgment dtd. 10/1/2017 convicted the respondent and sentenced to undergo Simple Imprisonment for one year and to pay the cheque amount of Rs.7,00,000.00 as compensation to the respondent in default to undergo Simple Imprisonment for three months, for offence under Sec. 138 of Negotiable Instruments Act, 1881. Challenging the same, the respondent preferred an appeal before the learned Additional District Judge, Bhavani (lower appellate Court) in Crl.A.No.39 of 2017 and the same was allowed by judgment dtd. 21/2/2018 setting aside the judgment of the trial Court, aggrieved over the same, the present Criminal Appeal is filed by the appellant/complainant.

(2.) For clarity, the appellant and respondent are referred to as complainant and accused respectively as per the complaint.

(3.) Gist of the case is that the complainant and accused are friends, the accused borrowed a sum of Rs.7,00,000.00 from the complainant on 27/11/2012 for his urgent expenses and undertook to repay the same within a month. In discharge of liability, the accused issued a cheque bearing No.909287 (Ex.P1), dtd. 27/12/2012 drawn on Karur Vysya Bank, Bhavani Branch. When the complainant presented the cheque (Ex.P1) for encashment through his bank i.e., Tamil Nadu Mercantile Bank, Bhavani Branch on 12/3/2013, the same was returned with an endorsement "Funds Insufficient" on 13/3/2013 vide return memo (Ex.P2). Thereafter, the statutory notice (Ex.P3) dtd. 8/4/2013 issued to the accused who received the same and sent a reply (Ex.P5) on 10/4/2013 with vexatious allegations, annoyed over the same, the complaint filed before the trial Court.