THIRUVENGADAM Vs. PONNU PANDIAN

JUDGEMENT

(1.) This appeal has been filed against the acquittal order passed by the learned District Munsif Cum Judicial Magistrate, Ilayankudi in C.C.No.153 of 2005, dated 08.11.2006.

(2.) According to the learned counsel for the appellant, the respondent had received a sum of Rs. 35,000/- (Rupees thirty five thousand only) from the appellant on 25.04.200 When the appellant demanded the said amount, on 29.06.2002 the respondent issued a bearing Cheque No.339639 for a value of Rs. 15,000/-(Rupees fifteen thousand only) drawn on his bank account with the Barath Bank, Madurai in favour of the appellant towards partial discharge of his liabilities. The cheque mentioned above was presented through the Indian Overseas Bank, Ilayankudi. But the same was dishonoured on 03.07.2002 as "insufficient funds".

(3.) The dishonouring of cheque came to the knowledge of the appellant on 007.2002 through the memo sent by the Indian Overseas Bank. Thereafter, the appellant had issued a legal notice 15.07.2002 to the respondent. Since the respondent neither repaid the amount nor sent any reply, a complaint has been preferred before the learned District Munsif Cum Judicial Magistrate, Ilayankudi under Section 138 of Negotiable Instrument Act and section 420 I.P.C. in C.C.No.153 of 2005.