R. RAMASAMY Vs. K. CHANDRASEKAR

JUDGEMENT

(1.) This Criminal Appeal is against the acquittal of the accused for the offence under Section 138 r/w 142 of Negotiable Instruments Act by the learned Judicial Magistrate No. 1, Sankari in C.C.No. 84 of 2006, dated 14.07.2009.

(2.) The case of the complainant is that the respondent/accused took a loan of Rs. 1 lakh from the complainant for his urgent family expenses on 25.12.2005 and issued a cheque, dated 25.01.2006 in favour of the appellant/complainant. The cheque was presented for collection on 28.01.2006 in Canara Bank, Vaikundam branch and the same was returned with a memo, dated 02.02.2006 saying that there was no sufficient fund in the account. The complainant sent a legal notice on 22.02.2006 and the same was received by the accused on 01.03.2006. But he neither repaid the money nor sent any reply. Therefore, the appellant preferred the complaint before the Judicial Magistrate.

(3.) On the side of the complainant, three witnesses were examined and 10 Exhibits marked. On the side of the accused three witnesses were examined and 2 Exhibits marked. The trial Court after analysing the evidence acquitted the accused. Aggrieved by the same, the complainant has preferred this Criminal Appeal.