P MANIKANDAN Vs. G SUDHA

JUDGEMENT

(1.) The allegation of the appellant is that the respondent borrowed a sum of Rs. 2,00,000/- on 15.10.2011 to meet her urgent family expenses and when the cheque bearing No.439340 issued by the respondent dated 01.02.2012, drawn on the Dhanalakshmi Bank Limited, Erode, was presented, the cheque returned as opening balance insufficient on 03.02.2012.

(2.) Subsequently, the complainant issued a legal notice on 06.02012 to the accused and the accused received the same on 11.0201 However, she did not repay the amount borrowed; but sent a reply communication to the complainant, denying the allegations made in the notice dated 06.0201 Therefore, the complainant filed a private complaint u/s.138 of the Negotiable Instruments Act, 1881, before the learned Judicial Magistrate, Fast Track Court, (Magistrate Level I), Erode, and the Magistrate taken the complaint on file in S.T.C. No.159/201

(3.) Before the trial Court, the complainant examined himself as P.W.1 and marked Ex.P1 to P7. On the side of the respondent, D.W.1 has been examined and no document was marked.