PONMANI JESAI Vs. VALLIAMMAI

JUDGEMENT

(1.) THESE appeals have been preferred against the judgment in C.C.Nos.8888/1998 and 8889/1998 respectively. The complainant in the private complaint is the appellant herein. Crl.A.No.170 of 2000:

(2.) THE short facts of the private complaint preferred by the complainant Ponmani Jesai in C.C.No.8888 of 1998 relevant for the purpose of deciding this appeal, are as follows:-

(3.) ON the side of the complainant, the complainant was examined as P.W.1. P.W.2 is the bank official wherein the accused is having his accounts and P.W.3 is the bank official wherein the complainant is having his account. Exs.P1 to P7 were marked. Neither oral nor documentary evidence was let in on the side of the accused, 4a) P.W.1 in his evidence would depose that the accused had borrowed on four or five times to the tune of Rs.3,50,000/- and in discharge of the said loan, she gave a cheque for Rs.3,50,000/- dated 17.9.1998 and Ex A1 is the said cheque and when the cheque was presented in Canara Bank, Mandaiveli Branch for encashment, the same was returned with Ex P2 memo stating that there is no sufficient funds in the drawer's account. Ex P3 is the letter received from his bank(P.W.1) . A notice was issued on 23.9.1998. Ex P4 is the copy of the notice. The accused had received the notice on 5.10.1998. Ex P5 is the acknowledgment. After filing of the complaint, the accused had sent a reply Ex P6. 4b) P.W.2 the Manager of the Tamil Nadu Industrial Co-operative Bank, Chepauk Branch would depose that Ex P1 cheque dated 18.9.1998 was presented in his bank for encashment but the said cheque was returned with an endorsement that there is no sufficient funds in the drawer's accounts. Ex P2 is the memo. Ex P7 is the statement of account in respect of the accused account will go to show that there was only a balance of Rs.252.65 on 18.9.1998. 4c) P.W.3 is the Manager of the Canara Bank ,Mandaiveli Branch who would depose that the cheque dated 17.9.1998 was presented to his bank for encashment but the same was returned by his bank on 20.9.1998 since there was no sufficient funds in the drawer's account. The debit advice is Ex P3.