S. KARTHIKEYAN Vs. M. RAMESH

JUDGEMENT

(1.) The Appellant/Complainant aggrieved by the Judgment of the II Additional Sessions Court in C.A. No.98 of 2017, acquitting the Respondent of charges under Sec. 138 of Negotiable Instruments Act, has come forward with this Appeal.

(2.) The case of the Appellant/Complainant is that on 28/1/2013, the Appellant had advanced a sum of Rs.10.00 lakhs to the Respondent under Ext.P1- Promissory Note, dtd. 28/1/2013, and that the Respondent had issued a duly filled up Post, dated Cheque, dtd. 25/5/2013 drawn on M/s. United Bank of India, Salem Branch for a sum of Rs.10.0 lakhs (Ext.P2). When the Cheque was presented by the Appellant/Complainant on 25/5/2013 into his Bank viz., IDBI Bank Ltd., Salem Branch, it came to be dishonoured by Ext.P3-Dishonour Memo, dtd. 27/5/2013, issued by the Bank, on the grounds of insufficiency of funds in the account of the Respondent. Promptly, the Appellant issued Ext.P4-Statutory Notice under Sec. 138 of N.I. Act, but it evoked no reply. It is in this circumstances, the Appellant has preferred a Complaint before the Trial Court, which was taken cognizance of by the learned Magistrate in S.T.C. No.237 of 2016.

(3.) During trial, the Appellant examined himself as PW1, and for the Respondent, he examined DW1 to DW3, of whom, DW1 & DW2 are Bank officials, and DW2 is one of the Attesting Witnesses to Ext.P1-Promissory Note. He had also produced Ext.D1 to D24 most of which are produced to establish Appellant's acquaintance with criminality.