LAWS(MAD)-2018-4-1675

R. ARAVIND Vs. K.KALIDASS

Decided On April 21, 2018
R. Aravind Appellant
V/S
K.Kalidass Respondents

JUDGEMENT

(1.) This appeal has been filed by the complainant against the Judgment of acquittal passed by the Judicial Magistrate, Mettupalayam in C.C.No.515/2003 dtd. 27/1/2005.

(2.) The appellant herein has filed a complaint u/s.138 of the Negotiable Instruments Act stating that the respondent/accused had borrowed a sum of Rs.2,00,000.00 on 1/6/2003 as a hand loan and with a view to discharge the said loan, he issued a cheque for Rs.2,00,000.00 dtd. 2/9/2003. He further stated that the cheque was presented in the bank on 5/9/2003 for encashment. But the said cheque was returned with a bank memo dtd. 8/9/2003 stating that the account was closed. Thereafter, the complainant has sent a statutory notice on 30/9/2003 through his advocate and the said notice was received by the accused on 7/10/2003 and sent a reply with false averments. However, he did not make any payment within fifteen days from the date of receipt of the said notice and hence, the complainant has filed a complaint to punish the accused u/s.138 of the Negotiable Instruments Act.

(3.) Based on the said complaint, the learned Judicial Magistrate, Mettupalayam, has taken the case on file and issued summons to the accused. After appearance of the accused, copies were furnished and accused was questioned with regard to the offence said to have been committed by him. The accused pleaded not guilty and hence, the learned Judicial Magistrate has tried the case.