SMT. DEEPA Vs. S.P. NAVANEETHA KRISHNAN

JUDGEMENT

(1.) This Criminal appeal is filed against the judgment dated 08.04.2008 passed by the Additional District and Sessions Judge, Fast Track Court No.II, Coimbatore in CA.No.540 of 2007 acquitting the respondent and by setting aside the conviction and sentence passed by the Judicial Magistrate No.VII, Coimbatore in STC.No.3045 of 2005 dated 22.11.2007.

(2.) The brief facts of the case are as follows :- The accused approached the complainant and borrowed a sum of Rs.5,00,000/-, for business purpose and the accused also issued a cheque drawn from Vijaya Bank, Saibaba Colony dated 05.11.2005. The complainant presented the cheque in her account Canara bank, Saibaba Colony, on 11.11.2015. The said cheque was returned with an endorsement "insufficient balance". On 16.11.2005, the complainant sent notice to the accused, but, the accused refused to receive the notice and the same was retuned on 25.11.2005. Hence, the complainant preferred the complaint under Section 138 of the Negotiable Instruments Act.

(3.) The complainant in order to prove her case examined herself as PW1 and her father as PW2 and produced the cheque, bank memo, debit advice, advocate notice, acknowledgment card, Certificate of posting, undelivered notice as Ex.P1 to Ex.P7 and no oral evidence was adduced and the accused in support of his contention adduced documentary evidences viz., Advocate notices as Ex.D1 and Ex.D2 and no oral evidence was adduced on the side of the accused.