A GABRIEL Vs. J ALPHONSA SASIKALA

JUDGEMENT

(1.) This appeal is filed under Section 378 Cr.P.C, against the order of acquittal passed by the learned VII Metropolitan Magistrate, George Town, Chennai 1. Brief facts of the case of the appellant/complainant:

(2.) The respondent/accused approached the appellant/complainant and borrowed amounts on various dates for her business and family commitments and issued a cheque(towards part payment) bearing No. 386700 dated 30.12.2006(Ex.P2) for a sum of Rs.1,30,000/-, drawn on Vijaya Bank, Nagercoil Branch. The respondent/accused signed the cheque in her capacity as President of one J.J. Trust. When the appellant/complainant presented the cheque for encashment on 02.01.2007 through his bankers viz., South Indian Bank, Nagercoil, the check was returned unpaid for the reason "insufficient funds" as per the cheque return memo Ex.P4. Thereafter, the appellant/complainant issued a Statutory Notice dated 09.01.2007, a copy of which is marked as Ex.P5, to the respondent/accused directing her to pay the amount due under the cheque within 15 days from the date of receipt of the notice.

(3.) The respondent/accused received the said notice on 11.01.2007, as evidenced by the postal acknowledgement Card Ex.P6. However, she did not come forward to make good the payment and did not also send any reply. Therefore, the appellant/complainant filed a private complaint under section 200 Cr.P.C., before the VII Metropolitan Magistrate, George Town, Chennai 1, for the offence punishable under Section 138 of the Negotiable Instruments Act.