MVKANDHAND BOTHRA Vs. T. JAYALAKSHMI

JUDGEMENT

(1.) THIS appeal is preferred by the complainant challenging the order of acquittal passed by the learned VIII Metropolitan Magistrate, George Town, Chennai in C.C.No.1699 of 1996 dated 06.08.1997 acquitting the accused of the offence under Section 138 of Negotiable Instruments Act.

(2.) THE case of the complainant is that the accused had borrowed a hand loan of Rs.5.00.000/ - on 06.04.1995 and executed five pro notes for Rs. 1,00,000/ - each on the same date. The complainant marked Ex.Pl, pro note in this case. It is further pointed out by the complainant that in order to discharge the above said dues, the accused had paid a part of the amount by a cheque bearing No.123158 dated 12.02.1996 for an amount of Rs. 1,00,000/ - drawn on Vysya Bank Limited, Park Road, Erode in favour of the complainant and it is stated by the complainant that the accused had made an oral promise to the complainant that necessary arrangements were made to honour the above cheque at the time of presentation. The cheque is marked as Ex.P2.

(3.) THE complainant in order to prove his case examined himself as P.W.I and also examined P.W.2, Manager of Vysya Bank Limited, Erode to speak about the return of the cheque on the ground of "insufficient funds". The complainant filed Exs.P.1 to P.8.