SURESH KUMAR D KOCHAR Vs. CHAMBAGAM MURALIDHAR

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment rendered by the learned V Additional Sessions Judge, Chennai, in Crl.A.No.460 of 2004 dated 18.04.2009, wherein, he allowed the appeal filed by the respondent and set aside the conviction and sentence passed by the learned VIII Metropolitan Magistrate, George Town, Chennai in C.C.No.15 of 2004 dated 10.11.2004.

(2.) For the sake of convenience, hereinafter, the appellant is called as "complainant" and the respondent is called as "accused".

(3.) The case of the appellant / complainant in the Trial Court, is as follows: The complainant has filed this case by alleging that the accused approached him and obtained a loan of Rs.12 lakhs, on 14.10.2002, for which, she executed a promissory note and also issued two cheques dated 11.11.2003 for a sum of Rs.5 lakhs each, drawn on Bank of Baroda, S.I.E.T. College Branch, Chennai. The complainant presented the above said cheques before his Banker, namely, UCO Bank, Sowcarpet Branch, Chennai, for collection, but the same were returned unpaid on 12.11.2003 with an endorsement as "account closed". Therefore, on 20.11.2003, the complainant issued a statutory notice to the accused, in which, he calling upon her for paying the cheque amount within a period of 15 days from the date of receipt of notice. On receipt of the notice issued by the complainant, the accused issued a reply notice with false allegations. Thereafter, the complainant has issued a rejoinder notice to the accused. Thus, the complainant lodged a private complaint for punishing the accused under Section 138 of the Negotiable Instruments Act, 1881 [hereinafter referred to as "N.I.Act"].