P JAYARAJ Vs. R SAROJA

JUDGEMENT

(1.) THIS appeal has been preferred by the complainant against the Judgment of acquittal in C. C. No. 4309 of 1996 on the file of the Court of XVII Metropolitan Magistrate, Saidapet, Chennai-600 015.

(2.) THE short facts in the complaint preferred by the complainant relevant for the purpose of deciding this appeal are as follows: the accused Saroja is running a fire wood shop at Door No. 89, Pachaippan Street, Madras -83. The said shop was originally owned by her husband. After his death, the said business was continued by the accused. The complainant is running a grocery shop at Door No. 20, 84th Street, Ashok Nagar, Chennai. There was a transaction between the complainant and the accused. In this regard, the accused owe Rs. 2,10,000/- to the complainant. To clear the said debt, the accused had drawn a cheque in M. C. C. Bank bearing Cheque No. 292632 dated 10. 7. 1996. Ex P1 is the said cheque. When the said cheque was presented for realisation, it was returned with an endorsement that "there was no sufficient funds" in the account of the drawer on 12. 7. 1996. Ex P2 is the bank intimation showing that the accused had no sufficient funds in his account. Ex P4 is the counterfoil to show that the said cheque was deposited with the bank. On 15. 7. 1996, the complainant issued a notice to the accused informed about the dishonour of the cheque. Ex P5 is the copy of the notice. Ex P6 is the acknowledgement for the accused having received the notice. The accused neither repaid the debt nor sent any reply to the notice. Hence the complaint.

(3.) THE complaint was taken on file by the learned Judicial Magistrate. The accused appeared on summons. The copies under Section 207 Cr. P. C. were furnished to the accused. When the offence was explained to the accused, he denied his complicity with the crime.