M THAMBU Vs. R SHREE RAM KUMAR

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the order of acquittal passed in C.C.No.6 of 2007 dated 21.11.2009 by the learned Judicial Magistrate No.VI, Coimbatore under Section 138 of the Negotiable Instruments Act, 1881.

(2.) The case of the appellant/complainant is as follows:

(3.) The learned counsel for the appellant submitted that the respondent borrowed a sum of Rs. 6,00,000/- in the month of May 2000 for his urgent needs for development of his business. He promised to pay the said sum within a period of one month. Despite repeated demands, the respondent did not come forward to pay the money. But, to discharge the debt, he issued a cheque bearing No.768492, dated 211.2006 drawn on ICICI Bank, Pricol Complex, Periyanaickenpalayam, Coimbatore in favour of the appellant on 211.2006. At the time of issuing the cheque, the respondent informed the appellant that the cheque would be honoured at the time of presentation. Therefore, the appellant, believing on the words of the respondent, on the same day, immediately presented the cheque for collection through his Bank viz., Canara Bank, Gudalor Branch, Coimbatore and the said cheque was returned as dishonoured for the reason "Funds insufficient" with debit advice dated 25.11.2006 and hence, he immediately issued a legal notice dated 28.11.2006, Ex.P.5 to the respondent. The respondent, after receipt of the said notice, sent a reply notice 11.12.2006, Ex.P.7 refusing the allegations and he did not repay the amount. Hence, the appellant filed a complaint.