ABDUL MUTALLIB Vs. A. NOORJAHAN

JUDGEMENT

(1.) This Appeal has been filed by the complainant against the judgment of acquittal passed by the Judicial Magistrate No.III, Salem in C.C.No.248 of 2003 dated 26.04.2005.

(2.) The appellant herein has filed a private complaint under section 200 of Cr.P.C., 1973 stating that the accused had borrowed money for constructing her house from the complainant's wife, agreeing to repay the same with interest. He further stated that when his wife demanded the accused to repay the said amount, the accused with a view to discharge the said debt has issued a cheque for a sum of Rs. 1,00,000/- dated 01.03.2003. As the complainant's wife does not have account in her name, endorsed the said cheque in favour of her husband and requested him to realise the money, hence, the complainant had presented the said cheque in the Bank for encashment as a holder in due course on 10.03.2003, but the said cheque was returned on 11.03.2003 as funds insufficient. Hence, the complainant has issued a statutory notice on 29.03.2003 calling upon the accused to pay the amount within 15 days from the date of receipt of the said notice. He further stated that though, the accused had received the said notice on 03.04.2003, he did not pay any amount within 15 days from the date of receipt of the said notice and hence, he filed a private complaint to punish the accused under section 138 of the Negotiable Instruments Act.

(3.) Based on the aforesaid complaint, the learned Judicial Magistrate No.III, Salem, has taken the case on file in C.C.NO.248 of 2003 and issued summons to the accused. On appearance of the accused, copies were furnished and the accused was questioned with regard to the offence said to have been committed by him. The accused pleaded not guilty and hence, the learned Judicial Magistrate No.III, Salem, has tried the case. During trial, the complainant examined himself as PW1 and marked Ex.P1 to P4.in the case.