AKKAMMAL FINANCE P LTD Vs. J CHELLIAH

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in c. C. No. 7638 of 1999 on the file of IX Metropolitan Magistrate, Saidapet, chennai.

(2.) THE complainant, who has lost the case before the trial Court has approached this court by way of this appeal. THE complainant has filed a petition under Section 200 of Cr. P. C. against the accused for an 0ffence punishable under Section 138 of Negotiable Instruments act,1881 (hereinafter referred to as " the Act") alleging that the accused had borrowed a sum of Rs. 45,000/- from the complainant on 28. 7. 1997 and to discharge the portion of the said amount, the accused had drawn the impugned cheque for Rs. 23,000/- on 20. 2. 1999 in favour of the complainant and when the impugned cheque was presented on 7. 7. 1999 for collection with City Union Bank, chinmaya Nagar Branch, the same was returned with an endorsement, the drawer had instructed the bank to stop payment for the cheque. A notice was sent to the accused on 14. 7. 1999. THE accused neither sent any reply nor repaid the amount.

(3.) P. W. 1 is the complainant. According to him, under Ex p1, the accused had borrowed a sum of Rs. 45,000/- from the complainant and had drawn Ex P2 impugned cheque dated 20. 2. 1999 for a sum of Rs. 23,000/- towards partial discharge of the abovesaid loan. When the said cheque was presented on 7. 7. 1999 for collection in the City Union Bank, Chimmaya Nagar Branch, the same was returned on 9. 7. 1999 with an endorsement that the drawer of the cheque had advised the bank to stop the payment. Exs P3 and P4 are the advice of the bank sent along with Ex P2 dishonoured cheque. Under the original of Exp5, a notice was issued by the complainant to the accused on 16. 7. 1999 and 21. 7. 1999. Under exp7, the accused had received the said notice, but not chosen to send any reply. 5a) P. W. 2 is the Officer of the City Union Bank. According to him, the complainant is having a Current Account NO. 1368 in their bank and Ex P2 impugned cheque was presented on 8. 7. 1999 for collection by the complainant and when the same was forwarded to HDFC Bank, Anna Nagar Branch, the same was returned with an endorsement that the drawer had advised the bank to stop payment. Ex P4 is the debit advice. Ex P9 is the statement of account relating to the current account maintained by the complainant. Ex P8 is the authorisation letter given to P. W. 2 by the Manager. 5b. P. W. 3 is the officer of HDFC Bank, Anna Nagar Branch. Ex P. 10 is the authorisation letter authorising him to give evidence on behalf of the bank in the said case. According to him, the accused Chelliah, is having a savings Bank account with their bank and Ex P2 impugned cheque was forwarded to the bank for clearance on 8. 7. 1999. But on that date, a sum of Rs. 305/37ps alone was in credit in the account of the accused and on the advise of the drawer of Ex P2 impugned cheque, the cheque was returned with an endorsement that the drawer had instructed the bank to stop payment. Ex P11 is the statement of account relating to S. B. Account No. 27953 of the accused.