MARIAPPAN Vs. SELVAMANI

JUDGEMENT

(1.) This Criminal Appeal has been filed by the complainant against the judgment dated 14.05.2007 made in C.C.No.294 of 2002, on the file of the Judicial Magistrate No.II, Mettur.

(2.) The appellant herein has filed a complaint stating that the respondents herein borrowed a sum of Rs.4,50,000/- from him as hand loan on 01.06.2002 for their Hotel and other business and promised to repay the same within ten days. Inspite of the repeated demands, the respondents herein did not repay the said amount. At last, they have issued a cheque dated 09.06.2002, in favour of the appellant for a sum of Rs.4,50,000/-. At the request of the respondents, the appellant presented the said cheque in the Bank for encashment on 25.10.2002. The said cheque was returned on 25.10.2002 itself with an endorsement funds insufficient . Thereafter, the appellant has issued a statutory notice on 09.11.2002, calling upon the respondents to pay the amount within 15 days from the date of the said notice. The first respondent received the said notice on 11.11.2002 and the second respondent received the notice on 13.11.2002, but, they did not make any payment. On the contrary, they have sent a reply notice dated 20.11.2002 with false averments. Hence, the appellant has filed a complaint to punish the respondents herein under Section 138 of the Negotiable Instruments Act. For the sake of convenience, the parties are referred to as described before the Trial Court.

(3.) Based on the said complaint, the learned Judicial Magistrate No.II, Mattur, has taken the case on file in C.C.No.294 of 2002 and issued summons to the accused. On appearance of the accused, copies were furnished. They were questioned with regard to the offence said to have been committed by them. They denied the offence and pleaded not guilty and thereafter, the learned Judicial Magistrate has tried the case.