M. R. BALAJI Vs. CHENGAIA BABU

JUDGEMENT

(1.) The appellant as complainant filed private complaint against the respondent for offence under Sec. 138 of Negotiable Instruments Act, 1881 in S.T.C.No.19 of 2018 before the learned Judicial Magistrate No.II, Walajapet (trial Court). The trial Court by judgment dtd. 29/10/2020 dismissed the complaint and acquitted the respondent. Against which, the present criminal appeal is filed.

(2.) Despite service of notice and the respondent's name printed in the cause list, there was no representation for the respondent either in person or by any counsel. Hence, this Court by order dtd. 22/9/2025 appointed Ms.Harshana.T as Legal Aid Counsel for the respondent.

(3.) Gist of the case is that during the month of July 2017, for urgent business requirement, the respondent approached the appellant for loan of Rs.5,00,000.00 and promised to repay within three months. Believing the same, the appellant gave loan of Rs.5,00,000.00 in cash. In discharge of liability, the respondent issued a cheque (Ex.P1) dtd. 10/10/2017 bearing No.919736 drawn on State Bank of India, Walajapet. When the appellant presented the cheque (Ex.P1) for encashment in Indian Bank, Walajapet on 10/10/2017, the same returned on 11/10/2017 for the reason "Insufficient Funds" with a bank memo (Ex.P2). Thereafter, statutory notice (Ex.P3) issued to the respondent on 4/11/2017 which was received on 8/11/2017, thereafter, the respondent sent a reply notice (Ex.P5) with false allegations. Ignoring the same, complaint filed before the trial Court. During trial, the appellant examined himself as PW1 and marked Exs.P1 to P5. On the side of the defence/respondent, no witness examined but two documents marked as Exs.D1 & D2 (sale deed) through PW1/appellant. On conclusion of trial, the trial Court dismissed the complaint and acquitted the respondent, against which, the present criminal appeal filed by the appellant/complainant.