K.B. RAJU Vs. K. ASOKAN

JUDGEMENT

(1.) This Criminal Appeal has been filed to set aside the Judgment, dtd. 30/7/2012 passed in C.C. No.765 of 2011 on the file of the learned Judicial Magistrate (Fast Track Court), Vellore, by which the Respondent/Accused was acquitted of the offence under Sec. 138 to 142 of the Negotiable Instruments Act.

(2.) The Complaint under Sec. 138 to 142 of the Negotiable Instruments Act, in C.C. No.765 of 2011 was filed by the Appellant/Complainant complaining that the Respondent/Accused had borrowed Rs.2.00 lakhs from him and also executed a Promissory Note along with one Mohan, Kandipedu Village. The Respondent/Accused promised to repay the Loan amount with Interest at the rate of 36% per annum. On demand the Accused had issued a Cheque, dtd. 8/11/2011 for Rs.4.00 lakhs and on its presentation, the Cheque was dishonoured by his bankers - The Tamil Nadu Mercantile Bank Limited, Vellore. The Complainant issued a Legal Notice, dtd. 11/11/2011 calling upon the Respondent/Accused to repay the Cheque amount. On receipt of the Notice, dtd. 11/11/2011, the Respondent/ Accused sent a reply, dtd. 19/11/2011 repudiating the averments contained in the Notice, dtd. 11/11/2011. Thereafter, the Complainant has filed the Complaint complaining that the Respondent/Accused issued the Cheque for a legally enforceable debt and liability but it was dishonoured on its presentation.

(3.) Before the Trial Court, the Appellant/Complainant examined himself as PW1 and Ex.P1 to Ex.P9 were marked. The Respondent/Accused has neither examined any Witness nor marked any document. The Trial Court, on appreciation of the deposition of PW1/Complainant and on perusal of the Oral and Documentary evidence, held that the amount said to have been borrowed by the Respondent/Accused is Rs.2.00 lakhs, but the Cheque was said to have been issued for Rs.4.00 lakhs. When the Cheque is more than the borrowed amount, the provisions under Sec. 138 of the Negotiable Instruments Act are not attracted. Accordingly, the Trial Court acquitted the Respondent/Accused by the Judgment, dtd. 30/7/2012.