K VIJAYAN Vs. APPUKUTTI

JUDGEMENT

(1.) THIS revision has been preferred against the Judgment in C. A. No. 96 of 2002 on the file of the Additional District and Sessions Judge (Fast Track Court), Vellore.

(2.) A private complaint was filed under Section 200 Cr. P. C. Against the accused for an offence under Section 138 of Negotiable Instruments Act 1881 on the ground that the cheque drawn by the accused for a sum of Rs. 2,37,000/- in favour of the complainant on 10. 10. 1998 in order to discharge a hand loan of Rs. 2,37,000/- borrowed,on the same day, when presented for collection in the State Bank of India, Ranipet branch on 25. 1. 1999, the same was returned with an endorsement " Refer to drawer". Ex P1 is the cheque dated 10. 10. 1998 for Rs. 2,37,000/- drawn by the accused in favour of the complainant. Ex P2 is the memo issued by the State Bank of India ,ranipet branch informing the complainant that the cheque was returned with an endorsement"referred to drawer" The complainant had issued a notice to the accused as contemplated under Section 138 (2) of Negotiable Instruments Act 1881. Ex P3 is the copy of the notice. The said notice was returned by the postal authorities stating that "not claimed" on 18. 2. 1999. Ex P4 is the returned cover. Ex P5 is the postal receipt. The said private complaint was taken on file by the learned Judicial Magistrate No. 2, Wallaja, Vellore District in C. C. No. 70 of 1999 and on appearance of the accused on summons, copies under Section 207 Cr. P. C were furnished to the accused and when the offence was explained to the accused and questioned the accused pleaded not guilty.

(3.) ON the side of the complainant P. Ws 1 to 3 were examined. Exs P1 to P5 were exhibited.