R. VISWANATHAN Vs. M. KRISHNAN

JUDGEMENT

(1.) The appellant has filed this appeal seeking to set aside the acquittal dtd. 16/4/2008 made in C.C. No.22 of 2004 by the learned Judicial Magistrate, Polur, Thiruvannamalai District.

(2.) The appellant is the complainant and the respondent is the accused in C.C.No.22 of 2004. For the sake of convenience the appellant will be herein after referred as Complainant and the respondent will be hereinafter referred as accused. The case of the appellant is that the respondent/accused is working as a clerk in Kamaraj Co-operative Town Bank Limited, Polur and on 16/3/2002, the accused borrowed a sum of Rs.2,00,000.00 from the complainant and executed a promissory note along with one Jayakumar S/o.Arumugam for the same. The respondent also agreed to give interest at the rate of 1.50 per month. After repeated demands by the complainant, the respondent gave an instrument/cheque bearing No.003173 dtd. 26/12/2003 for a sum of Rs.1,00,000.00 drawn on Kamaraj Co-op.Town Bank Limited, Polur for repaying his part of the principal amount. The said cheque when presented for collection was returned as "insufficient funds" on 21/1/2004. Thereafter, the complainant sent a legal notice to the respondent on 4/2/2004 through Registered Post with Acknowledgement due and the same was returned as ?refused?. Since the accused neither gave reply for the legal notice nor repaid the amount, the appellant filed a private Complaint under Sec. 200 Cr.P.C. in C.C.No.22 of 2004 before the learned Judicial Magistrate, Polur.

(3.) The accused was questioned about the charge under Sec. 138 of Negotiable Instruments Act, and he denied the same. In order to prove the case of the complainant, P.W.1 & P.W.2 were examined and 6 documents were marked as Exhibits Ex.P1 to Ex.P6. On the side of the respondent/ accused no witness was examined, however two documents were marked as Ex.D1 and Ex.D2. On the side of Court one witness was examined as C.W.1 and three documents were marked as Exhibits as Ex.C1 to Ex.C3.