C R MUTHUKUMAR Vs. R RANGANAYAGI

JUDGEMENT

(1.) This Criminal Appeal has been filed by the Complainant aggrieved by the order passed in Crl.No.197 of 2007, wherein the Appellate Court had set aside the order of conviction and sentence passed by the learned Judicial Magistrate No.VII, Coimbatore for an offence under Section 138 Negotiable Instruments Act.

(2.) The brief facts that are necessary for the purpose of disposing the appeal are ; The husband of the accused is said to have borrowed a sum of Rs.3,75,000/- [Rupees Three Lakhs Seventy Five thousand Only] from the complainant on 04.04.2004. Towards the said loan, the husband of the accused is said to have executed a demand promissory note on the same date for a sum of Rs.4,75,000/- [Rupees Four Lakhs Seventy Five Thousand Only] in favour of the complainant. Since this amount was not repaid in spite of demands and requests, in order to discharge the liability of the husband, the wife who has been arrayed as an accused is said to have issued a cheque bearing No.088032 dated 22.11.2005 for a sum of Rs.3,75,000/- [Rupees Three Lakhs Seventy Five thousand Only]. When this cheque was deposited by the complainant, the cheque was returned with an endorsement "account closed" on 24.11.2005. Thereafter, the complainant issued a legal notice dated 03.12.2005 calling upon the accused to pay the value of cheque within 15 days and the accused person in spite of the receipt of the notice neither gave a reply nor paid the cheque amount to the complainant. Consequently, the complainant has filed the present complaint for an offence punishable under Section 138 and 142 of the Negotiable Instruments Act.

(3.) The complainant in order to substantiate his case has examined himself and 5 documents were marked on his side. The accused had examined 2 witnesses one being the Manager of the Bank who was examined as DW-1, and her husband was examined as DW-2 and the passbook was marked as a document on the side of the accused person. That apart 3 documents were summoned from the Bank and were marked through DW-1.