RADHA KRISHNAN Vs. MRS PADMAKUMARI

JUDGEMENT

(1.) THIS Appeal has been filed by the complainant against the Judgment dated 09.07.2004 made in C.C.537 of 2003 by the learned Judicial Magistrate No.II, Kuzhithurai.

(2.) THE complainant's case is briefly as follows: THE accused borrowed a sum of Rs.2,00,000/- from the complainant on 20.01.2003 and gave a post-dated cheque bearing No.391904 of SBT Balaramapuram dated 20.04.2003 to the complainant. When the cheque was presented for encashment through the South Indian Bank Ltd., Parasala Brnch on 21.04.2003, it was returned dis-honoured on 28.04.2003 with a memo stating that 'funds insufficient'. Hence, the complainant sent a notice dated 01.05.2003 through his counsel by registered post to the accused calling upon him to pay the cheque amount within 15 days from the date of receipt of the notice. Though the accused received the notice, he has not sent any reply nor paid any amount. Hence, the accused has committed offence punishable under Section 138 of N.I.Act. 2. Before the trial Court, on the side of the complainant, P.Ws. 1 and 2 were examined and marked Exs.P.1 to P.8. On the side of the accused, D.Ws 1 to 4 were examined and marked Exs.D.1 to D.6.

(3.) THE Point for consideration is: Whether the complainant has proved his case satisfactorily?