MURALI Vs. DAYA SEKAR

JUDGEMENT

(1.) Challenging the order of acquittal made in C.C.No.150 of 2005 dated 05.10.2009 on the file of the learned Judicial Magistrate No.II, Salem, the appellant herein filed this Criminal appeal under Section 378 of Cr.P.C.

(2.) The Learned Counsel for appellant would submit that the appellant herein as complaint initiated proceedings against the respondent herein for dishonor of cheques under Section 138 r/w 142 of N.I. Act. The contention of the learned counsel for appellant is that the accused borrowed the hand loan of Rs.40,000/- in the month of May 2004 on various occasion from the complainant. To discharge the said loan amount the accused issued two cheques for Rs.10,000/- dated 05.11.2004 (Exhibit P-1) and Rs.15,000/-dated 22.11.2004 (Exhibit P-2). When the complainant put the above cheques for collection through his banker the same was returned on 12.01.2005 with an endorsement "insufficient funds". Thereupon statutory notice was issued to the accused on 17.01.2005 and on receipt of the same the accused sent reply dated 02.02.2005 (Exhibit P-8) with false contention. Since the accused failed to repay the cheque amount, the complainant filed the above private complaint for the offence punishable under Section 138 of N.I. Act.

(3.) I heard Mr.T.Karunakaran, learned counsel for the appellant and Mr.Pa.Sudeshkumar, learned counsel for the respondent and perused the entire materials available on record.