NARAYANAN Vs. C.VANAJA

JUDGEMENT

(1.) This Criminal Appeal has been filed against the Judgment made in C.A.No.137 of 2007 dated 02.05.2008 by the learned First Additional District & Sessions Judge, Thiruchirappalli and restore the trial court Judgment passed in C.C.No.456 of 2002 dated 06.10.2007 by the learned Judicial Magistrate No.4, Thiruchirappalli.

(2.) 2. The case of the appellant is that the appellant was the complainant and the respondent was the accused. The complainant and the husband of the respondent / accused are friends. The accused used to borrow hand loan from the complainant frequently. The accused has to pay a sum of Rs.3 lakhs to the complainant. To discharge the same, the respondent/accused issued a cheque in favour of the complainant on 25.09.2002 for a sum of Rs.3 lakhs. The cheque was presented for collection on 23.10.2002 and the same was dishonoured on 25.10.2002. Due to which, the appellant/complainant had issued a notice on 06.11.2002 demanding the respondent/accused to repay the cheque amount within 15 days from the date of receipt of the notice. The respondent/accused did not receive the notice and deliberately evaded. Hence, the appellant/complainant filed a private complaint before the learned Judicial Magistrate No.IV, Trichirappalli under Section 138 N.I.Act and the same was numbered in C.C.No.456 of 2002.

(3.) The learned Judicial Magistrate after taking cognizance of the complaint has completed the entire procedural formalities of the enquiry. 3