V.NATARAJAN Vs. K.GANAPATHY

JUDGEMENT

(1.) The present appeal has been filed by the complainant against the order of acquittal passed in C.C.No.6585 of 2002 dtd. 8/12/2006 by the learned XXIII M.M., Saidapet, under Sec. 138 of the Negotiable Instruments Act.

(2.) For the sake of convenience, the appellant herein is referred to as the complainant and the respondent herein is referred to as the accused.

(3.) The sum an substance of the case is as follows: 3(i)The accused borrowed a sum of Rs.1,00,000.00 (Rupees One Lakhs Only) from the complainant on 8/10/2001 and in order to discharge the debt, he issued Ex.P2, a cheque, dtd. 7/8/2002 for Rs.1,00,000.00(Rupees One Lakhs Only) drawn on the Bharat Overseas Bank, Adambakkam Branch. When the complainant presented the cheque through his bankers Indian Overseas Bank, Vellacherry Branch, Chennai - 600 006 on 8/8/2002, the said instrument was returned on 9/8/2002 for the reason of "insufficient funds ". The same was intimated to the complainant by the bankers through Ex.P3.-Return memo. In this regard, the complainant issued Ex.P4, Legal notice on 14/8/2002 through Registered post with Acknowledgement calling upon the accused to make payment and the said notice was received by the accused on 17/8/2002. The Postal receipt and Acknowledgement have been marked as Ex.P5 and Ex.P6 respectively and the accused have sent Ex.P7, a reply dtd. 18/8/2002 denying the debt/liability of the said amount. Since the accused failed to repay the loan amount, the complainant filed C.C. No.6585 of 2002 on the file of learned XXIII Metropolitan Magistrate, Saidapet, Chennai against the accussed for the offence punishable under Sec. 138 of Negotiable Instrument Act, 1881 (hereinafter referred to as " the N.I. Act.).