M.A. PALANISAMY Vs. T.S. SIVAKUMAR

JUDGEMENT

(1.) This criminal appeal has been filed by the appellant/complainant against the judgment of acquittal passed by the Judicial Magistrate No.1, Gobichettipalayam.

(2.) The case of the appellant/complainant is that the respondent/accused borrowed a sum of Rs.1,50,000/- from the complainant on 18.02002 and to discharge the same, the accused issued a post dated cheque bearing No.773379 for a sum of Rs.1,50,000/- dated 18.03.200 When the complainant had presented the said cheque for collection on 18.07.2002 before the Indian Overseas Bank, Modachur Branch, Gobi, the cheque got bounced and returned to the complainant on 207.2002 with an endorsement "Stop Payment", since he had no sufficient amount in his account to pay the cheque amount. Therefore, the complainant issued a registered lawyer's notice on 05.08.2002 to the accused, however, the accused did not claim notice and the notice was returned to the complainant on 108.2002 and therefore, the complainant filed a complaint before the Jurisdictional Magistrate for the offence under Section 138 of Negotiable Instrument Act. The learned Judicial Magistrate No.1, Gobichettipalayam found primafacie case as against the accused, has taken cognizance and taken the complaint on file in C.C.No.222 of 200

(3.) In order to prove the case of the appellant/complainant, on the side of the complainant, as many as 4 witnesses, P.W.1 to 4 were examined and Exs.P1 to 7 were marked. P.W.1 is the complainant and he has spoken about the borrowal of amount by the accused and issuance of cheque Ex.P1 and when it was presented for collection, the same got bounced and returned with the return memo Ex.P2 and the issuance of legal notice Ex.P3 to the accused, which was returned and also spoken about the filing of the complaint. P.W.2 is the Joint Manager of the Indian Overseas Bank and he has spoken about the presentation of the complainant and the return of the same. P.W.3 is the Branch Manager of Karur Vysia Bank and he has spoken about the return of the cheque issued by the accused, who is having account bearing Account No.336 in the name of T.S.Subramaniam and sons (Firm). P.W.4 is the postman, who has spoken that he does not know about P.S.Subramaniam and he knew only about T.S.S.Subramaniam and he has stated that there is no other Sivakumar except one Sivakumar, son of T.S.Subramaniam in Thiruvengadapalayam.