M KRISHNASAMY Vs. R M GNANESWARAN

JUDGEMENT

(1.) This appeal has been filed by the complainant against the Judgment passed by the Additional Sessions Judge (Fast Track Court No.II, Tiruchirapalli) dated 17.11.2006 in Crl.A.No.102 of 2006 reversing the Judgment passed by the Judicial Magistrate No.IV, Tiruchirapalli in C.C.No.460 of 2002 dated 17.05.2006.

(2.) The appellant herein has filed a complaint u/s.200 of Cr.P.C., stating that the respondent herein has borrowed a sum of Rs.1,00,000/- from him on 02.12.2001 and with a view to discharge the said debt, the respondent has issued a cheque for Rs.1,00,000/- dated 06.05.2002. The said cheque was presented in the bank on 20.09.2002 for encashment and the same was returned on 21.09.2002 as "funds insufficient" in the respondent's account. The said fact was informed to the appellant on 28.09.2002. Thereafter, on 05.10.2002, the appellant has sent a statutory notice calling upon the respondent to pay the cheque amount within fifteen days from the date of receipt of the said notice. The respondent herein has received the said notice on 12.10.2002. Instead of paying the amount, he has sent a reply notice dated 12.10.2002 with false averments. Hence the appellant was constrained to file a private complaint to punish the respondent u/s.138 of the Negotiable Instruments Act. For the sake of convenience, the parties are referred to as described before the trial court.

(3.) Based on the said complaint, the Judicial Magistrate No.IV, Tiruchirapalli has taken the case on file in C.C.No.460 of 2002. On appearance of the accused, copies were furnished to him and thereafter, he was questioned with regard to the offence said to have committed by him. He denied the offence and pleaded not guilty. Hence the learned Judicial Magistrate No.IV, Tiruchirapalli, has tried the case.