K. KALIGOUNDER Vs. M. SELVARAJ

JUDGEMENT

(1.) This Criminal Appeal is directed against the Judgment rendered by the Additional District and Sessions Court, (Fast Track Court No.IV, Erode) in C.A.No.84 of 2011 reversing the findings of the trial Court made in STC No.4577 of 2009, dtd. 16/6/2011.

(2.) The facts involved in this case is that the appellant/complainant presented a complaint before the Magistrate alleging that the respondent has borrowed Rs.2,00,000.00 from the appellant, to meet out his urgent financial commitments and in order to discharge the same, he gave post dated cheque drawn at Canara Bank, Anthiyur Branch, Bhavani. When the said cheque was presented by the Appellant, the same was returned by recording "insufficient funds". Notice sent to the respondent was received by him on 6/9/2007 and he also gave a reply to the notice denying the liability. Thereafter, the complaint was filed by the appellant initiating the criminal proceedings as contemplated under Sec. 138 of Negotiable Instrument Act.

(3.) Before the trial court, the complainant has examined himself as PW.1 and marked 6 Exhibits. On the side of the defendant, 2 Exhibits http://www.judis.nic.in were marked.