N THIRUGNANASAMBANDAM Vs. E ANANTHI

JUDGEMENT

(1.) The complainant in S.T.C.No.227 of 2013 is the appellant herein. It is a private complaint filed under Section 138 of the Negotiable Instruments Act. The complaint has been filed on the allegations that the respondent herein on 27.02.2013 borrowed a sum of Rs.2,00,000/- from him. For the discharge of the said liability, she has handed over three post-dated cheques [Ex.S.1 to Ex.S.3] dated 27.03.2013 [one cheque for Rs.1,00,000/- and another two cheques for Rs.50,000/- each]. Those cheques were dishonoured when presented for collection through Union Bank of India, Erode, due to "funds insufficient" in the account of the respondent.

(2.) The complainant issued legal notice dated 06.05.2013 calling upon the respondent to pay the cheque amount. It was returned on 16.05.2013, as the respondent failed to receive the notice despite intimation by the postal authorities. The present complaint was filed on 30.05.2013. The complainant examined himself in support of his case.

(3.) The respondent denied that she has borrowed Rs.2,00,000/- on 27.02.2013 from the complainant. It is her case that, the cheques were given as security for the loan obtained by one Mallika and that cheques were misused and the present complaint has been lodged.