P MANIVEL Vs. T SEENIVASAN

JUDGEMENT

(1.) For the sake of convenience, the petitioner and the respondent herein are referred to as "the complainant" and "the accused" respectively in this order.

(2.) It is the case of the complainant that the accused is his close friend and that on 27. 01. 2013, the accused borrowed a hand loan of Rs. 2,30,000/- from the complainant and for which, the accused gave a cheque bearing No. 325743, dated 07. 0 2013, drawn on Canara Bank, Palani Branch, to the complainant. When the complainant presented the cheque with his Banker for encashment, it was returned with an endorsement "Insufficient Funds". Thereafter, the complainant issued a statutory notice, dated 26. 0 2013, to the accused and on receipt of the said notice, the accused sent a reply notice, dated 11. 03. 2013, to the complainant denying the debt. Therefore, the complainant initiated prosecution, in S. T. C. No. 68 of 2013, under Section 138 of the Negotiable Instruments Act (hereinafter, it may be referred to as "the N. I. Act"), before the Fast Track Court, Magisterial Level, Palani, against the accused.

(3.) On the appearance of the accused, he was furnished with the copy of the complaint and when he was questioned about the substance of accusation, he denied the accusation. To prove his case, the complainant examined himself as P. W. 1 and marked Exs. P1 to P6. When the accused was questioned about the incriminating circumstances appearing against him under Section 313 Cr. P. C. , he denied the same. To prove his case, the accused examined himself as D. W. 1 and marked Exs. D1 and D2.