IADAYAM INVESTMENTS Vs. M RAMASAMY

JUDGEMENT

(1.) THIS appeal has been preferred against Judgment in STC. No. 1240 of 1997 on the file of the Court of Judicial Magistrate No. V, Coimbatore. The complainant has preferred a private complaint under Section 200 of Cr. P. C for offence under Section 138 of Negotiable Instrument Act.

(2.) IN the private complaint the complainant would alleged that the accused had borrowed Rs. 3,00,000/- from the complainant, a partnership firm which was represented by the complainant, the Managing Partner S. N. Sankaranarayanan. It is the definite case of the complainant that the accused had issued a cheque for Rs. 4,35,000/- dated 17. 3. 1997 drawn on Bank of Baroda, Coimbatore. The said cheque was issued by the accused to discharge the said loan. When the cheque was presented before the Tamil Nadu Mercantile Bank, Big Bazar Branch, on 18. 3. 1997, the same was returned on 19. 3. 1997 with an endorsement "no sufficient funds". The accused had issued the cheque with a view to defraud the complainant. The accused failed to arrange funds to honour the cheque. The complainant issued a lawyer's notice dated 24. 3. 1997 informing the accused about the dishonouring of the cheque and called upon him to pay the amount within 15 days from the date of receipt of notice. The accused received the notice on 29. 3. 1997. But the accused has not chosen to send any reply nor repay the amount. Hence, the complaint.

(3.) THE learned trial Judge has taken the complaint on file after recording the sworn statement as STC. No. 1240/1997 and issued summon to the accused for appearance. On appearance of the accused, the learned trial Judge has furnished copies to the accused under Section 207 of Cr. P. C and when the offence was explained to him the accused pleaded not guilty. On the side of the complainant P. W. 1 and P. W. 2 were examined and Ex. P. 1 to P. 7 were marked.