PANNEERSELVAM Vs. PALANI

JUDGEMENT

(1.) These Appeals have been filed to set aside the Order of acquittal recorded in C.C. Nos.79 & 78 of 2011, dtd. 17/6/2015 by the learned Judicial Magistrate, Cheyyar, Thiruvannamalai District.

(2.) Both the Appeals have been preferred by the Complainant against the Respondent. As the issues involved in both the Appeals are inter-twined and inter-related with each other and the learned Counsel for both sides advanced common arguments, they are taken up for hearing together and disposed of by this Common Judgment.

(3.) The Appellant, as Complainant, has filed two Complaints in C.C. No. 78 of 2011 and C.C. No.79 of 2011. In both the Complaints, it was alleged that the Respondent/Accused obtained a hand Loan of Rs.1,78,000.00 & Rs.1,00,000.00 respectfully from him and to repay the Loan amount, two Cheques bearing Cheque Nos.684129 & 684130 drawn on State Bank of India, Thachur Branch have been issued. When the Cheques were presented for clearance, they were returned with a Return Memo indicating "Insufficient funds" to honour the Cheque in the Bank Account maintained by the Respondent/Accused. Immediately, the Complainant/Appellant issued a Legal Notice, dtd. 31/1/2011 intimating about the dishonour of the Cheque and called upon the Respondent/Accused to repay the Cheque amount. After issuing the Notice, dtd. 31/1/2011, the Appellant realised that the name of the Accused-Bank was erroneously mentioned as Thattacheri Branch, instead of Thachur Branch. Therefore, the Complainant/Appellant once again issued another Notice on 1/2/2011. For the Notice, dtd. 1/2/2011, a Reply Notice, dtd. 17/2/2011 was issued by the Respondent/Accused repudiating the averments contained in the Statutory Notice. Therefore, the Complainant has filed the Complaints in C.C. Nos.78 & 79 of 2011.