K S VENKATACHALAM Vs. K SHANTHI

JUDGEMENT

(1.) This is an appeal against the order of acquittal passed by the learned District Munsif-Cum-Judicial Magistrate, Perundurai in C.C.No.11 of 2007 dated 11.03.2009.

(2.) The appellant / complaint who is a resident of Karakkankattur of Perundurai Taluk, Erode District has filed this appeal and has contended that he knew the respondent / accused for many years and that the respondent / accused was owning a business in the name and style of "Delight Enterprise". The respondent / accused, according to the appellant / complainant had taken a loan of Rs.5,00,000/- and had given a cheque dated 01.11.2006 (Ex.P.1) drawn on Punjab and Sindh Bank, Tiruppur branch, bearing No.041873. When the cheque was presented for collection by the appellant in his account with Indian Bank, Perundurai branch, the cheque got returned unpaid with a reason mentioned in the return memo Ex.P.2 dated 03.11.2006 as "exceeds arrangement". Consequently, the complainant issued a legal notice dated 24.11.2006, a copy of which is marked as Ex.P.3, and the same was returned as evidenced by the returned cover Ex.P.4. This complaint under Section 138 of the Negotiable Instruments Act, arose since the respondent did not make good the payment and had committed an offence under Section 138 of the Negotiable Instruments Act.

(3.) In the trial Court, the appellant examined himself and marked Ex.P.1 to Ex.P.4. The respondent examined himself and five other witnesses and marked Ex.R.1 to R.30.