A MANIVEL Vs. SINTHIYA MALONI

JUDGEMENT

(1.) This criminal appeal has been filed against order of acquittal dated 05.02.2016 made in C.A.No. 93/2015 by the learned IInd Additional District Sessions Court, Erode.

(2.) Complainant is appellant in the present criminal appeal. The case of the appellant is that the respondent had borrowed a sum of Rs. 2,75,000/- for her urgent family needs. When the appellant insisted for repayment of the same, she issued a cheque for a sum of Rs. 2,75,000/- in favour of the appellant drawn in DENA Bank, bearing cheque No.925116 dated 24.01.201 When the said cheque was presented for collection on 06.02012, it was returned with an endorsement "insufficient funds". Despite several reminders for payment, the respondent did not come forward to make any payment and hence the appellant issued a legal notice on 15.02012 and the same was received by the respondent on 16.0201 Instead of paying the debt, the respondent sent a reply on 28.02012 denying very borrowal of money. The appellant again sent a notice on 21.03.2012, which was received by the respondent on 203.201 Despite receipt of the said notice, the respondent neither repaid the amount nor given any reply to the notice. Therefore, the appellant filed a private complaint under Section 138 of the Negotiable Instruments Act, before the learned Judicial Magistrate, Fast Track Court II, Erode, which was taken on file in S.T.C.No.287 of 201

(3.) The respondent denied the allegations made against her by stating that she had not issued any cheque to the appellant and had not borrowed any loan from him as stated in the complaint. The said cheque was issued only for security purpose for the loan borrowed from one Devaraj. The appellant misused the cheque given by the respondent to the said Devaraj. Hence the respondent prayed for rejection of the complaint preferred by the appellant.