SUBRAMANI @ SUBRAMANIAN Vs. RAHIM @ A K RAHIM BASHA

JUDGEMENT

(1.) This Appeal has been filed by the complainant against the Judgment of acquittal passed by the VII Metropolitan Magistrate, George Town, Chennai in C.C.No.759 of 2008 dated 21.11.2008.

(2.) The appellant herein has filed a private complaint stating that the respondent herein borrowed a sum of Rs.1,00,000/- on 27.02.2006 and with a view to discharge the said debt, he issued two cheques dated 18.10.2007 for Rs.50,000/- each. The appellant herein has presented the said cheques in the bank on 18.10.2007 for encashment and the said cheques were returned as 'funds insufficient' in the respondent's account. Hence, the appellant has issued a statutory notice on 16.11.2007 calling upon the respondent to pay the cheque amount within 15 days from the date of receipt of the said notice. The respondent has received the said notice on 27.11.2007 and issued a reply notice on 30.11.2007 with false averments, but he did not pay the cheque amount. Hence, the appellant has filed a private complaint requesting the court 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, VII Metropolitan Magistrate, George Town, Chennai, has taken the case on file in C.C.No.759 of 2008 and issued summons to the accused. On appearance of the accused, the learned Metropolitan Magistrate has furnished the copy to the accused and questioned him with regard to the offence said to have been committed by him. The accused denied the same and pleaded not guilty. Thereafter, the learned Metropolitan Magistrate has tried the case.