P VADIVELU Vs. K THANGARAJ

JUDGEMENT

(1.) THIS appeal has been preferred by the Complainant under Section 138 of Negotiable Instruments Act against the judgment in C.C.No.497 of 2000 on the file of Judicial Magistrate No.1, Erode .

(2.) ACCORDING to the complainant, the accused had borrowed a sum of Rs 3,00,000/-(Rupees three lakhs) Only on 1.7.1999 to meet his business expenditure and had drawn a post dated cheque for Rs.3,00,000/- which on presentation before the Indian Overseas Bank, Erode, was dishonoured on the ground that there was no sufficient funds in the account of the accused to honour the same. A lawyer's notice was sent by the complainant dated 18.2.2000 demanding the cheque amount. There was a mistake crept in the notice dated 18.2.2000 with regard to the cheque amount instead of mentioning the cheque amount was Rs.3,00,000/- mistakenly it was mentioned in the notice as Rs.30,000/- Hence a rejoinder notice was issued by the complainant dated 23.2.2000. The said notice was received by the accused on 25.2.2000 but no reply was sent by the accused. Hence the complaint.

(3.) AFTER going through the evidence both oral and documentary, the learned trial Judge has dismissed the complaint on the ground that there was no material placed before the trial Court to show that the complainant had sufficient funds to advance the loan amount of Rs.3,00,000/- to the accused and that the accused had no capacity to repay the said loan amount. Aggrieved by the findings of the learned trial Judge, the complainant has preferred this appeal.