R GOMATHI Vs. KVJ MOHAN @ V CHANDRAMOHAN

JUDGEMENT

(1.) This criminal appeal has been filed against the order of acquittal dated 01.04.2014 made in C.A.No.85 of 2013 by the learned Principal Sessions Judge, Tiruppur, reversal of the conviction imposed in the judgment dated 07.10.2013 made in C.C.No.127 of 2008 by the learned Judicial Magistrate, Kangayam.

(2.) Complainant is appellant in the present criminal appeal. The case of the appellant is that the respondent had borrowed a sum of Rs. 6,00,000/- on 03.12007 for his urgent business needs and on the same day, the respondent issued a post dated cheque for Rs. 6,00,000/- bearing No.011416 dated 03.01.2008 drawn on ICICI Bank in favour of the appellant. When the said cheque was presented for collection on 05.01.2008, it was returned on 21.01.2008 as "account closed". Subsequently, the appellant issued a legal notice on 01.02008 and the same was received by the respondent on 06.02008. The respondent neither repaid the amount nor given any reply to the said notice. Therefore, the appellant had filed a private complaint under Section 138 of the Negotiable Instruments Act, before the learned Judicial Magistrate, Kangayam, which was taken on file in C.C.No.127 of 2008.

(3.) The respondent denied the allegations made against him by stating that he had not issued any cheque to the appellant and had not borrowed any loan from her as stated in the complaint. Further the respondent stated that he did not receive any statutory notice said to have been sent by the appellant and the appellant did not produce any proof for service of notice. Hence the respondent prayed for rejection of the complaint preferred by the appellant.