S. BOOPATHI Vs. MRS. THILAGAVATHI

JUDGEMENT

(1.) The private complainant is the appellant herein.

(2.) The appellant/petitioner has filed a private complaint before the learned Judicial Magistrate, Coimbatore, in S.T.C.No.2104 of 2005 alleging that the respondent/accused was a guarantor of Mr.R.Muthusamy (her husband) as he failed to repay the bid amount of Rs. 3,71,350/- out of Rs. 5,00,000/- and hence, when demand, she had executed a pronote in question for a sum of Rs. 1,70,000/- and agreed to pay the balance of Rs. 9870/- very soon. However, on presentation, the cheque was returned as " Account Closed". When legal notice,dated 12.05.2005 was issued under R.P.A.D is 'returned' has not claimed and thereafter, he filed the complaint taken as S.T.C.No.2104/06.

(3.) In support of this case, he has examined as P.W.1 and Exhibits P1 to P12 were marked. On behalf of the respondent/accused, she examined herself as D.W.1 and also examined as D.W.2 Muthuswamy one of the subscriber in the chit fund run by the complainant and D.W.3 Rockiappan, working as Assistant in the Arbitrator-cum-Registrar for chit fund cases and D.W.4, Manager in the Bank of Baroda.