V SHAHUL HAMEED Vs. S SYED ABBAS

JUDGEMENT

(1.) This appeal preferred as against the judgment dated 26.05.2003, passed in C.C.No.19 of 2003 on the file of the learned Judicial Magistrate No.II, Vellore, thereby the learned Magistrate acquitted the respondent.

(2.) The appellant averred in the complaint that the respondent borrowed a sum of Rs.30,000/-, on 01.07.2000 and also executed a pronote for the said sum. The respondent/accused towards repayment of the said sum with interest, issued a cheque, dated 06.07.2002, for a sum of Rs.51,748/- drawn on Tamil Nadu Industrial Co-operative Bank Limited, Vellore. The said cheque was presented on 08.07.2002 and the same was returned dishonoured for the reason that "Account Closed". The appellant issued a statutory notice on 17.07.2002 and it was returned unserved on the same day and hence the appellant filed the complaint under Section 138 of Negotiable Instruments Act.

(3.) The learned counsel for the appellant would submit that the respondent/accused did not deny the issuance of cheque and his signature. It presumed under Section 138 of Negotiable Instruments Act that the alleged cheque was issued non compliance of legally enforceable debt. Further, he would contend that non marking of the original pronote executed by the respondent is not fatal to the case of the prosecution. Ex.P.6, statutory notice was sent on 17.07.2002 and it was returned on 19.08.2002 with endorsement of "Intimation". As such the statutory notice was duly served on the respondent and the respondent is liable to be punished.