T.R.RAMASAMY Vs. R.VENKATASAMY

JUDGEMENT

(1.) Records perused. No representation for the appellants as well as the respondent.

(2.) This Criminal Appeal is preferred against the order passed by the Judicial Magistrate No.II, Salem acquitting the accused in a private complaint filed under Section 138 of Negotiable Instrument Act.

(3.) The specific case of the complainant is that on 22.01.2005 the accused borrowed a sum of Rs.63,500/- for which he gave a cheque dated 23.03.2005, which was presented for collection on 20.06.2005. The cheque was returned with "insufficient fund"? and therefore, notice was issued to the accused calling upon him to pay the cheque amount or to face the criminal liability. The said notice dated 02.07.2005 was received by the accused. On 09.07.2005, he has replied through his counsel on 23.07.2005 denying the liability and had made a specific contention that four post dated cheques were received as a security and after the discharge of the loan amount, only one cheque was cancelled and returned back to the accused. The rest of the blank cheques were retained by the complainant and being misused by presented the same for collection.