P THANGAPPAN Vs. S JESU RAJ

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellant against the order of acquittal passed by the learned Judicial Magistrate, Eraniel, Kanyakumari District. in S.T.C.No.3138 of 2004, dated 09.12.2006.

(2.) The appellant is the complainant before the Trial Court. Subsequent to the filing of the appeal, the appellant/complainant died and therefore, vide Crl.M.P.(MD)No.4630 of 2018 in Crl.A.(MD)No.554 of 2007, dated 23.06.2018, his legal heirs were impleaded as appellants. The appellant/complainant has instituted a complaint before the learned Judicial Magistrate, Eraniel, against the respondent/accused herein on the ground that he had borrowed a sum of Rs. 1,00,000/- on 17.07.2004 from the appellant/complainant to meet out his family expenses and towards the repayment of the above said amount of Rs. 1,00,000/-, the respondent/accused issued a cheque bearing No.621713 on 17.08.2004 drawn on Indian Bank, Padmanabhapuram Branch in favour of the complainant. When the cheque was presented for collection on 19.08.2004, through the Tamil Nadu Mercantile Bank Limited, Thucklay Branch, the same was returned with an endorsement 'insufficient fund'. Therefore, the complainant issued a statutory notice, on 009.2004 to the respondent/accused to settle the amount. After receipt of notice, the respondent/accused failed either to settle the amount or to send any appropriate reply for non payment of the said sum of Rs. 1,00,000/-. Under the said circumstances, the appellant/complainant filed a private complaint on 05.10.2004 before the trial Court and the same was taken on file in S.T.C.No.3138 of 2004.

(3.) Before the trial Court on the side of the complainant, P.Ws.1 & 2 were examined and Exs.P1 to P7 came to be marked. On the side of the respondent, D.Ws.1 to 3 were examined and Ex.D1 came to be marked.