V S SANKAR Vs. R ELANGO

JUDGEMENT

(1.) The petitioner has filed the criminal appeal under Section 378 of Cr.P.C., to set aside the order of acquittal dated 21.02.2007 made in C.C.No.213 of 2004 passed by the District Munsiff-cum-Judicial Magistrate, Kodumudi, and acquit the respondent/accused for the offences charged.

(2.) The appellant herein is the complainant in C.C.No.213 of 2004 on the file of the learned District Munsiff-cum-Judicial Magistrate, Kodumudi, challenging the acquittal of the respondent herein/accused under Section 138 read with 142 of the Negotiable Instruments Act.

(3.) The case of the appellant is that the accused had financial transaction with the appellant and in the said transaction, he had borrowed Rs.9 Lakhs on 10.12.2003 after executing a promissory note, and to discharge the said liability, the respondent/accused issued a cheque dated 04.08.2004 for Rs.10,04,850/-. The appellant herein has presented the said cheque for collection on 04.08.2004, which was returned unpaid as "not arranged for" on 06.08.2004. The appellant caused a legal notice to the accused on 01.09.2004. Despite receipt of legal notice, the respondent herein neither sent any reply nor paid the cheque amount, hence the appellant herein filed the above private complaint under Section 138 of the Negotiable Instruments Act.