N SOMASUNDARAM Vs. A V RAMACHANDARAN

JUDGEMENT

(1.) THIS revision has been preferred against the judgment in ca. No. 264 of 1999 on the file of the VI Additional Judge, City Civil Court, chennai, which has arisen out of the judgment in C. C. No. 6561 of 1996 on the file of the XIII Metropolitan Magistrate, Egmore, Chennai.

(2.) A private complaint was preferred by the complainant under Section 200 of Cr. P. C. , against the accused for an offence under Section 138 of the Negotiable Instruments Act on the ground that on 22. 3. 1995 the accused had borrowed Rs. 50,000/- and also on 8. 4. 1995 he had borrowed another sum of Rs. 50,000/- from the complainant and had drawn a cheque for rs. 1,15,000/- on 10. 7. 1996 in favour of the complainant and when the same was presented in Bank of Baroda, Mount Road Branch, Chennai, the same was returned as "not arranged for". The complainant had sent a notice informing the dishonour of the cheque on 19. 7. 1996, which was received by the accused and a reply notice was sent by the accused, but the accused has not chosen to repay the amount. Hence, the complaint.

(3.) P. W. 2 is the Manager of Indian Oversees Bank, Ambatur industrial Branch. According to him, Ex. P. 1-cheque was forwarded to their bank on 16. 7. 1998 but the same was returned with an endorsement'nor arranged for'. Ex. P. 2 is the return memo. Ex. P. 9 is the copy of the statement of accounts.