S JAYARAMAN Vs. M RAJI

JUDGEMENT

(1.) The petition has been filed by the petitioner seeking to grant leave to the petitioner to file an appeal against acquittal dated 31.01.2017 in C.C.No.3475 of 2011 on the file of the learned Metropolitan Magistrate / Fast Track Court No.1, Egmore at Allikulam, Chennai District.

(2.) The complainant in C.C.No.3475 of 2011 is the petitioner. He has filed the said complaint for the offence under Section 138 of the Negotiable Instruments Act. His case is that, he lent a sum of Rs.4,00,000/- to the respondent and the respondent agreed to repay the same with interest at the rate of 24%. The cheque in question was issued by the respondent for Rs.1,50,000/- for the partial discharge of the said debt. The cheque [bearing No.168993 dated 10.02.2011] was dishonoured when presented for collection through State Bank of India due to "funds insufficient" in the account of the respondent and it was informed by his Banker on 11.05.2011. The complainant issued legal notice [Ex.P.3] dated 01.06.2011 calling upon the respondent to pay the cheque amount. The respondent sent his reply on 08.06.2011. After receiving reply notice, the complainant has presented the present complaint on 23.06.2011.

(3.) The Trial Court has held that the petitioner has failed to prove the due execution of the cheque. The Trial Court acquitted the accused on the ground that the complaint has been filed before the expiry of 15 days for payment and the complaint was premature. Aggrieved by the judgment of the Trial Court, the petitioner intends to prefer an appeal. He filed the present petition seeking leave to file an appeal.