P NATARAJAN Vs. K PARMALACHELVAN

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the order of acquittal passed in S.T.C.No.100 of 2010 dated 21.01.2013 by the learned Judicial Magistrate, Tiruvarur under Section 138 of the Negotiable Instruments Act, 1881.

(2.) The case of the appellant/complainant is as follows:

(3.) The learned counsel for the appellant submitted that the appellant gave a sum of Rs. 5,05,000/- to the respondent to purchase 42 plots by executing a sale deed. Later, the respondent approached the appellant and stated that he has spent Rs. 10,000/- towards expenses and hence, he will repay only Rs. 5,00,000/- and for which, he issued Ex.P.1, the cheque bearing No.683398 in respect of A/c. No.609401017201 dated 05.08.2009 drawn on I.C.I.C.I. Bank. When the said cheque was presented for collection in State Bank of India, the same got dishonoured for the reason "funds insufficient" on the same day. Though the respondent has not given the amount, he issued a legal notice to the appellant stating that the appellant received Rs. 5,00,000/- and Rs. 1,00,000/- from him on 001.2009 and on 10.02.2009 respectively and accepted to repay the total amount of Rs. 6,00,000/- in two instalments. But, on 10.08.2009, he requested the appellant that he will give the amount after two months and without his knowledge, his brother-in-law, mistakenly, issued a legal notice. Again, when the appellant presented the cheque on 04.11.2009 for collection in Thaico Bank, Thiruvarur the same was returned on 05.11.2009. Hence, the appellant filed a complaint before the learned Judicial Magistrate, Tiruvarur.