R VEERAMANI Vs. K NATARAJAN

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in C.C.No.650 of 2000 on the file of the Judicial Magistrate No.I,Erode. The complainant is the appellant herein, who had filed the private complaint under Section 200 of Cr.P.C., against the accused for an offence under Section 138 of the Negotiable Instruments Act alleging that the accused had drawn a cheque for Rs.3 lakhs in favour of the complainant on 15.12.1999 in order to discharge a hand loan borrowed by the accused from the complainant for the purpose of meeting his business expenses and when the cheque was deposited in the bank on 23.3.2000 the same was returned with an endorsement 'referred to drawer'. A statutory notice was sent by the complainant to the accused on 6.4.2000. After the receipt of notice, the accused had sent a reply dated 20.4.2000 with frivolous contentions. Hence, the complaint.

(2.) AFTER recording the sworn statement, the learned Judicial Magistrate has taken the case on file and issued summons to the accused and on his appearance copies under Section 207 of Cr.P.C., were furnished to the accused. When the offence was explained to the accused and questioned the accused pleaded not guilty. On the side of the complainant P.W.1 was examined and Ex.P.1 to Ex.P.10 were marked.

(3.) NOW the point for determination in this appeal is whether the judgment of the trial Court is leading to miscarriage of justice or perverse in nature to warrant any interference from this Court?