K. MALLESAN Vs. K. MADHAPPAN

JUDGEMENT

(1.) The complainant in S.T.C. No. 122 of 2015 on the file of the learned Judicial Magistrate (Fast Track Court), Hosur, is the appellant herein. He has filed the complaint for the offence under Section 138 of Negotiable Instruments Act. It is alleged in the complaint that the respondent had borrowed Rs. 13,00,000/-, for his business purpose from him on 15.07.2013 and executed a promissory note. The respondent repaid Rs. 1,00,000/- on 27.10.2014 and another Rs. 1,00,000/- on 22.12.2014. Thereafter, the respondent issued a postdated cheque dated 21.02.2015 for Rs. 11,00,000/- for discharge of the said debt. The cheque when presented for collection was dishonoured with the remarks "insufficient funds". The complainant called upon the respondent to repay the amount covered by the cheque by a notice dated 12.03.2015. The respondent refused to receive the notice and also not repaid the amount. Hence, the complaint.

(2.) In support of the case of the complainant, he examined himself as P.W. 1 and marked 7 documents. The respondent examined himself as D.W. 3 and 2 other witnesses and marked 7 documents.

(3.) The defence of the respondent was that, while the complainant was working in his Company during 2012, he borrowed Rs. 1,35,000/- from the complainant and that in the year 2014, he has discharged the loan by paying Rs. 2,00,000/-. He has further alleged that during the course of employment, the complainant stolen cheques from the company and transferred Rs. 7,65,000/- in favour of his relative and the respondent has lodged a complaint against the complainant. The present case has been filed by misusing a stolen cheque.