R.D. VENKATESH, Vs. D.M. ARIYAPPAN

JUDGEMENT

(1.) The complainant in S.T.C.No.312 of 2013 on the file of the learned Judicial Magistrate No.II, Hosur, is the appellant herein. It is a private complaint filed under Section 138 of the Negotiable Instruments Act. The complaint has been filed on the allegations that the respondent borrowed Rs.2,00,000/- from him. For the discharge of the said liability, he has handed over a post-dated cheque [Ex.P.1] [bearing No.170852 dated 01.07.2007 for Rs.2,00,000/-]. It was dishonoured when presented for collection on 24.10.2017 through ICICI Bank Ltd., Hosur, due to "funds insufficient" in the account of the respondent. The cheque was again represented to the said Bank for encashment on 31.12.2007 and again, the cheque was dishonoured by the Bank with remarks "funds insufficient".

(2.) The complainant issued legal notice [Ex.P.7] dated 05.01.2008 calling upon the respondent to repay the amount of Rs.2,00,000/- covered by the cheque. The respondent sent his reply on 28.01.2008. According to him, he has not borrowed any amount as alleged by the complainant. As the respondent failed to make payment, he has filed the complaint. The present complaint was filed on 19.02.2008. The complainant examined himself as P.W.1 and examined two Bank Officials [P.W.2 and P.W.3] and marked 12 documents [Ex.P.1 to Ex.P.12] in support of his case.

(3.) The respondent pleaded not guilty. His case is that, he purchased a TATA Sumo Car bearing Registration No.TN-24-N-7102 in the name of complainant that, the complainant forcibly taken possession of the vehicle from his driver [D.W.3] that, the bank records and signed cheques kept in the car were also taken away by the complainant and one of the said cheques was misused and the complaint has been lodged. He has examined himself as D.W.2 and examined Bank Official [D.W.1], Driver - Sivakumar [D.W.3] and marked 7 documents [Ex.D.1 to Ex.D.7] in support of his defence. The learned Judicial Magistrate No.II, Hosur, has accepted the case of the complainant and convicted the respondent.