(1.) This Criminal Appeal is filed by the Appellant against the order of acquittal passed by the learned IX Metropolitan Magistrate Court, Saidapet in C.C.No.1546 of 2001 dated 20.03.2003.
(2.) Brief case of the Appellant
(3.) The respondent/accused approached the appellant/complainant and expressed his cash crunch in his business and requested the Appellant to give a loan of Rs.1,00,000/- to complete the construction for that amount he executed a promissory note, and agreed to pay with interest to the effect and the accused had agreed to show the progress in the construction work, even after the payment of Rs.85,000/- the accused had not shown any progress in the work. since the respondent/accused has not done the work as agreed upon, the appellant/complainant himself took up the construction and completed the work, and the value of the work done is Rs.2,33,000/- and prior to the commencement of remaining pending work through a letter dated 09.10.1999 handed over the keys of incomplete house. when the appellant demanded to repay the amount to discharge the part of his liability, the respondent/accused issued cheque drawn in favour of the Appellant/complainant and this concerned cheque bearing No.144886 dated 17.09.2000 drawn on Syndicate Bank, Nungambakkam Branch, Chennai for Rs.1,46,280/-. The Appellant/complainant presented the cheque in his bank Punjab National Bank, Thiruvanmiyur Branch,Chennai-41 on 17.01.2001 and the same was returned dishonoured with an endorsement "Insufficient Funds" and this was intimated by the accused memo dated 18.01.2001 and the appellant was intimated vide debit advice dated 19.01.2001. The appellant issued a notice to the accused on 01.02.2001 and the accused received same on 05.02.2001 failed to make repayment and hence the complaint.