M.KARUNANIDHI Vs. G.VASANTHAMANI

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Judicial Magistrate No. 1, Udumalpet dtd. 9/1/2009 in C.C. No. 100 of 2007. By the said judgment, the respondent/accused was acquitted of an offence under Sec. 138 of the Negotiable Instruments Act, 1881.

(2.) The case of the complainant is that the respondent/accused was conducting business under the name and style of 'Anandha Traders'. For business purposes, the accused obtained a loan of Rs.2,00,000.00 on 11/12/2005, promising to repay the same with interest at the rate of 12% per annum. In repayment, he executed a promissory note and issued a cheque dtd. 20/12/2006. Upon being presented for collection, the cheque was dishonoured. Thereafter, the complainant issued a demand notice. As no payment was made, the complaint was filed.

(3.) Upon the issuance of summons, the accused appeared and denied the charges. To prove his case, the complainant examined himself as P.W.1 and marked Ex.P1 to P4. Upon being questioned under Sec. 313 of the Code of Criminal Procedure, the accused denied the prosecution evidence as false. Thereafter, one Seshastri was examined as D.W.1, and Gopalakrishnan, the husband of the accused, was examined as D.W.2. Ex.D1 to D4 were also marked.