K. PERIYASAMY Vs. T. DURAIPANDIAN

JUDGEMENT

(1.) This Criminal Appeal arises against the Judgment of Court below convicting the respondent for offence under section 138 of the Negotiable Instruments Act and sentencing him to one year S.I. and to pay a compensation of Rs. 2,00,000/- to the respondent, within a period of three months from the date of receipt of a copy of the order. Against which, the respondent has preferred appeal in C.A. No. 104 of 2010 before the Additional District Court, Fast Track Court No. IV, Bhavani, Erode District, in which the conviction and sentence was hereby set aside. Aggrieved over the same, the present revision has been preferred by the appellant/accused.

(2.) Heard the learned counsel for the appellant as well as learned counsel for the respondent.

(3.) The appellant as the complainant preferred a complaint against the respondent/accused stating that the respondent had borrowed a sum of Rs. 2,00,000/- on 03.05.2008 for his personal expenses agreeing to repay the same within two months. When the appellant demanded the amount, the accused issued a cheque dated 03.07.2008. When the appellant presented the cheque for encashment, the same has been returned on 04.07.2008 with an endorsement "Funds Insufficient". Therefore, the appellant/complainant had filed a private complaint against the respondent/accused under sections 138 and 142 of Negotiable Instruments Act.