M.R. PARTHIBANRAJ Vs. R. KAUSIK

JUDGEMENT

(1.) The complainant in C.C.No. 510 of 2014 on the file of the learned Judicial Magistrate No.VI, Coimbatore is the appellant herein. He has filed the complaint against the respondent for the offence under section 138 of Negotiable Instruments Act. He alleged that he lent Rs. 75,00,000/- in the month of December 2012 to the respondent, that the respondent agreed to repay the same with interest at 24% per annum, that the respondent has paid interest for a few months, that he has committed default in payment of interest, that the respondent handed over a Cheque (Ex.P1) bearing No. 000090 dated 31.08.2014 for Rs. 75,00,000/- and another Cheque (Ex.P2) bearing No. 000096 dated 03.09.2014 for Rs. 22,50,000/- to the complainant towards interest, that when the cheques were presented for encashment, they were dishonoured, that the complainant issued a notice calling upon the respondent to make payment, and that the respondent has sent reply denying his liability.

(2.) The respondent has taken a plea that he used to borrow small amount of money from the complainant. He owed to the complainant Rs. 23,88,500/-. He has paid Rs. 34,14,250/-, towards the discharge of the money borrowed from the complainant. The specific case of the respondent is that at the time of taking loans from the complainant, he handed over unfilled cheques, promissory notes and signed papers and those unfilled cheques were misused and the present complaint has been filed.

(3.) In support of the case of the complainant, he examined himself as P.W.1 and marked Ex.P.1 to Ex.P.7. In support of the case of the respondent, he examined himself as D.W.1 and one of his relative as D.W.2 and marked Ex.R.1 to Ex.R.8. The respondent as D.W.1, has given evidence in support of his defence that unfilled cheques were handed over by him to the complainant.