V MANGALAVATHI Vs. M GANESAMOORTHY

JUDGEMENT

(1.) The order of acquittal dated 8.9.2015 passed in Criminal Appeal No.27 of 2014 by the Additional District and Sessions Court, Krishnagiri is being challenged in the present Criminal Appeal.

(2.) The appellant herein, as complainant, has filed the complaint in question under section 138 of Negotiable Instruments Act, 1881 on the file of Judicial Magistrate, Fast Track Court, Hosur and the same has been taken on file in S.T.C.No.8 of 2012, wherein the present respondent has been shown as sole accused.

(3.) It is averred in the complaint that the accused is a friend of the complainant and on 25.8.2011, the accused has approached the complainant and requested her to give a sum of Rs.5 Lakhs by way of debt. The complainant has given the same to the accused and on the same day, he has given the cheque in question. On 30.11.2011, the same has been presented in the concerned bank, but the concerned bank has returned the same stating "funds insufficient". Subsequently, on 7.12.2011, a statutory notice has been issued and even after receipt of the same, the accused has not discharged his liability nor given any reply notice and under the said circumstances, the accused has committed an offence punishable under section 138 of Negotiable Instruments Act, 1881.