R SIVASANKARAN Vs. T SHANMUGA SUNDARAM

JUDGEMENT

(1.) The appellant herein is the complainant before the learned Judicial Magistrate, Arupukottai in C.C.Nos.206 & 222 of 2012.

(2.) The complaints preferred by him under Sections 138 and 142 of the Negotiable Instruments Act alleging that the respondent herein borrowed Rs. 4,00,000/- (Rupees Four Lakhs only) and Rs. 2,00,000/- (Rupees Two Lakhs only) from him as hand loan and issued cheques bearing Nos.049441 dated 16.07.2012 and No.049444 dated 21.07.2012 drawn at Tamil Nadu Merchandile Bank, Arupukottai Branch. When the said cheques were presented for collection, the same were returned for want of funds. Hence, he issued notices through his lawyer on 18.07.2012 and on 03.08.2012 intimating about the return of cheques, for want of funds and demanding the cheque amount. The said notices returned un-served.

(3.) To prove his case, the complainant has examined himself as P.W.1. The returned cheques, bank intimations, advocate notices, postal receipts, returned un-served covers were marked as Ex.P1 to Ex.P6. The accused examined himself as D.W.1. The Bank Manager was examined as D.W.2. One Ramasubbu, friend of D.W.1/accused examined as D.W. The trial Court on appreciation of the evidence has held the respondent guilty of offence under Section 138 of the Negotiable Instruments Act and convicted the respondent for offence under Section 138 and sentenced him to undergo six months Simple Imprisonment and to pay Rs. 4,00,000/- as compensation in C.C.No.206 of 2012; and sentenced him to undergo six months Simple Imprisonment and to pay compensation of Rs. 2,00,000/- in C.C.No.222 of 2012.