R. V. SUBRAMANIAN Vs. M. BALASUBRAMANIAM

JUDGEMENT

(1.) The appellant as complainant filed a private complaint for offence under Sec. 138 of Negotiable Instruments Act, 1881 in C.C.No.283 of 2008 before the learned Judicial Magistrate, Tiruttani (Trial Court) and the same was dismissed vide judgment, dtd. 11/3/2014 acquitting the respondent. Aggrieved over the same, the appellant preferred an appeal before the learned I Additional District and Sessions Judge, Tiruvallur in Crl.A.No.189 of 2018 which was dismissed vide judgment, dtd. 27/8/2019 confirming the judgment of the Trial Court. Challenging the same, the present Criminal Appeal is filed by the appellant/complainant.

(2.) The case of the appellant is that the appellant gave a loan of Rs.5,00,000.00 to Mr.Sathyanarayanan, the father of the respondent and that the respondent on behalf of this father to repay the interest of the said loan, issued two cheques, dtd. 25/4/2009 and 29/4/2008 (Exs.P1 & P2) for a sum of Rs.1,20,000.00 each in favour of the appellant. When the said cheques presented for encashment on 18/6/2008 with State Bank of India, Tiruttani Branch, the Bank returned the cheques for the reason "funds insufficient" by return memo (Ex.P6), dtd. 19/6/2008. Thereafter, a statutory notice (Ex.P7) issued on 26/6/2008 to the respondent, to which, the respondent sent a reply (Ex.P9) denying the liability. In turn, the appellant sent a rejoinder (Ex.P10) and thereafter filed a complaint for offence under Sec. 138 of Negotiable Instruments Act, 1881.

(3.) During trial, the appellant examined himself as PW1 and the Manager of State Bank of India examined as PW2 and marked 10 documents as Exs.P1 to P10. On the side of the defence, the respondent examined himself as DW1. On conclusion of trial, the Trial Court dismissed the complaint, acquitted the respondent from the case and the same was confirmed by the Lower Appellate Court.