S.T. RASAPPAN Vs. NALLAN

JUDGEMENT

(1.) This Criminal Appeal is filed as against the order of acquittal dated 28.06.2011 made in C.A.No.44 of 2010 on the file of the Principal Sessions Court, Namakkal, reversing the judgment of conviction dated 12.05.2010 made in C.C.No.505 of 2003 on the file of the Judicial Magistrate, Tiruchengode.

(2.) The appellant herein is the complainant, who filed a complaint against the respondent/accused to punish him for the alleged offence punishable under section 138 of Negotiable Instruments Act.

(3.) The case of the appellant is that, the accused borrowed a sum of Rs. 6,00,000/- from the complainant on 30.07.2002 and executed a bond and agreed to pay interest at the rate of 18% p.a. Inspite of repeated demand, the said amount was not repaid by the accused. However, in lieu of the same and in order to repay the said loan amount of Rs. 6,00,000/- with interest, the accused had issued a cheque on 29.06.2003 drawn on Salem Central Co-operative Bank, Tiruchengode Branch for a sum of Rs. 7,00,000/-.