MUBARAK ALI Vs. RAMA DHINGRA

JUDGEMENT

(1.) This appeal is directed against the judgment of Acquittal passed by the learned Judicial Magistrate No.I, Erode in C.C.No. 21 of 2008 dated 24.06.2009.

(2.) The appellant/complainant is running a Textile business at Erode. The respondent/accused is also doing the same business. During the course of business transaction, as per the accounts statement dated 26.10.2007, the respondent is liable to pay Rs. 9,11,067/- towards the purchase of textile goods. In order to discharge the said liability, she issued a cheque for a sum of Rs. 9,00,020/- bearing No. 588454 drawn at Canara bank, Chandni Chowk branch, New Delhi dated 01.11.2007. Believing the words of the respondent, the appellant presented the cheque on 03.11.2007 for enhancement in ICICI bank, Chennai. But, the above cheque was returned as unpaid for the reason "insufficient funds." The particulars of return was intimated to the appellant through the memo dated 21.11.2007 issued by the bank. So, on 04.12007, the appellant issued a legal notice reminding the respondent to pay cheque amount within a period of 15 days from the date of receipt of the said notice. The said notice was received by the respondent on 10.12007. the cheque in dispute, the return memorandum dated 08.11.2007, and the statutory notice have been marked in the trial Court as Ex.P1 to Ex.P3. After receiving statutory notice the respondent/accused neither sent reply nor paid the cheque amount. Hence, the appellant has filed a complaint.

(3.) During the time of trial, the complainant examined himself as P.W.1, and marked 9 documents as Ex.P1 to Ex.P9.