R MANIMEHALAI Vs. BANUMATHI

JUDGEMENT

(1.) For the sake of convenience, the parties will be referred to as the complainant and the accused.

(2.) It is the case of the complainant that the accused borrowed a sum of Rs.7,00,000/- [Rupees Seven Lakhs only] from the complainant promising to repay the amount within a period of two months. In discharge of the said liability, the accused gave a cheque [EX-P1] post dated 26.12.2013, bearing No.111825, for a sum of Rs,7,00,000/- in favour of the complainant. The complainant presented the cheque on 26.12.2013 and the same was dishonoured by memo, [EX-P2], following which the complainant issued a statutory notice, dated 31.12.2013 [EX-P3] to the accused, which was received by the accused on 02.01.2014, vide postal acknowledgment card [EX-P4]. The accused issued a reply notice dated 17.03.2014, [EX-P5], repudiating the debt. Therefore, the complainant initiated the prosecution in C.C.No.147 of 2015, before the Judicial Magistrate [Fast Track Court[, Alagu Karur, under Section 138 of the Negotiable Instruments Act, 1881, against the accused.

(3.) On the appearance of the accused, she was furnished with a copy of the complaint and she was questioned about the substance of the accusation, which she denied. In order to prove the case, the complainant examined herself as PW-1 and marked five exhibits. The accused was questioned about the incriminating circumstances under Section 313 of the Code of Criminal Procedure, which she denied. On behalf of the accused, one witness, namely, Ganeshamoorthy, Senior Manager of Syndicate Bank, in which the accused was having account, was examined as DW-1 and one exhibit was marked.