SHANTHINI Vs. A NAGARAJAN

JUDGEMENT

(1.) The revision petitioner is the accused in S.T.C.No.115 of 2009 on the file of the learned Second Additional District Munsif, Nagercoil. The cheque dated 20.02.2008 drawn at Dena Bank, Nagercoil Branch issued by her in favour of Nagarajan for Rs. 2,80,000/-, on presentation for collection, returned unpaid. Nagarajan issued statutory notice dated 26.02.2008 calling upon the revision petitioner to pay the cheque amount within 15 days from the date of receipt of the notice. The revision petitioner, though received the notice on 28.02.2008, neither replied nor paid the cheque amount.

(2.) Nagarajan filed complaint before the Court, which was taken up on file. The complainant examined himself as PW-1. The cheque, memo, debit advice challan, statutory notice, postal receipt and postal acknowledgment were marked as Ex.P-1 to Ex.P-6.

(3.) The case of the complainant is that he lent Rs. 2,80,000/- to the accused on 20.12.2007. She promised to repay the loan within 2 months and gave post-dated cheque (Ex.P-1). He presented the cheque for collection on 21.02.2018 through his bank. The bank returned the cheque with intimation that funds insufficient. The memo of cheque return issued by the accused bank is Ex.P-2. The debit advice challan issued by his bank is Ex.P- The accused was called upon to make the payment of Rs. 2,80,000/- within 15 days through notice dated 26.02.2008. The accused received the notice, but not paid the money and thereby committed offence under Section 138 of N.I. Act.