P MURUGESAN Vs. S ELANGO, S O SUBRAYAN

JUDGEMENT

(1.) This Criminal Appeal is filed to set aside the judgment dated 16.09.2008 passed by the learned Judicial Magistrate No.V, Salem in C.C.No.651 of 2005, punish the accused in accordance with law and award compensation to the Appellant/Complainant equivalent to the cheque amounts.

(2.) The appellant herein, who is the complainant had filed a private complaint under Section 138 of the Negotiable Instruments Act against the respondent/accused in C.C.No.651 of 2005.

(3.) The case of the complainant is that the respondent/accused, who is the proprietor of M/s.Karthika Chemicals, Salem had borrowed a sum of Rs.2,75,000/- from the complainant, for revamping and promoting his business, during April 2005. In order to discharge of his debt had issued five numbers of post dated cheques to the complainant and the details of the cheques are as follows: