M/S. SRI VARI BALAJI FINANCIERS Vs. MANIMOZHI

JUDGEMENT

(1.) The appellant herein has filed a private complaint against the respondent for an offence under section 138 of the Negotiable Instruments Act and the learned Judicial Magistrate No.VII, Coimbatore, has passed an order on 09.01.2008 in STC No.2351 of 2005, acquitting the accused. Challenging the said order of acquittal, the complainant had preferred this criminal appeal before this Court.

(2.) The case of the complainant is that the accused had borrowed a sum of Rs. 3,00,000/- from the complainant company and agreed to pay interest at 24% per annum and also executed a Promissory Note. Thereafter, the accused had paid a sum of Rs. 72,000/- and for the balance amount of Rs. 2,28,000/-, the accused had issued a cheque-Ex.P.2, dated 01.09.2005, drawn on Federal Bank, Kovai Veraity Hall Road Branch. On the same day, the said cheque was presented by the complainant and it was returned with an endorsement "Exceeds Arrangements". Thereafter, the complainant had issued a statutory notice-Ex.P.6 to the accused. Though the accused had received the said notice, she had not made any payment.

(3.) Before the trial Court, on the side of the complainant, one witness was examined as P.W.1 and documents Exs.P.1 to P.7 were marked. The accused was questioned under Section 313 Cr.P.C., 1973 with regard to the incriminating circumstances and she denied her complicity. On the side of the accused, one witness was examined as D.W.1 and documents Exs.D.1 to D.5 were marked.