MOHAN Vs. S NAGARAJAN

JUDGEMENT

(1.) This criminal appeal has been filed against the order of acquittal passed in Criminal Appeal No.02 of 2007 by the Additional Sessions Judge, Fast Track Court-II, Ranipet, Vellore District, dated 18.02.2011, is being challenged in the present criminal appeal.

(2.) The appellant herein as complainant has filed a complaint under Section 138 of the Negotiable Instrument Act, wherein, the present respondent has been shown as sole respondent/accused.

(3.) It is averred in the complaint that the respondent /accused borrowed Rs.2,25,000/- for the purpose of his business. Towards its repayment, the respondent/accused issued a cheque marked as Ex.P.1 dated 01.07.2002 drawn on State Bank of India, Ranipet, for Rs.2,25,000/-. The appellant/complainant presented it for collection to his Bank. The State Bank of India, Arcot, vide memo marked as Ex.P.2, the drawee Bank returned it for the reason "exceeds arrangement" The dishonour of the cheque was intimated to the complainant by the Bank vide its memo dated 04.07.2002. The appellant/complainant issued a demand notice on 08.07.2002-Ex.P.4, asking the respondent/accused to repay the amount within 15 days. On 22.07.2002, the accused issued a reply, Ex.P.5, alleging theft of the cheque by the complainant. On 12.08.2002, the complainant presented a written complaint to the trial Magistrate under Section 138 of the Negotiable Instruments Act.