S. RAVI Vs. S. KUMARESAN

JUDGEMENT

(1.) This criminal appeal has been preferred challenging the judgment and order dated 01.07.2011 passed by the Additional Sessions Judge, Ranipet in C.A.No.2 of 2010, in and by which, the judgment and order dated 14.05.2009 passed by the Judicial Magistrate, Arakkonam in C.C.No.137 of 2006, convicting the accused has been set aside.

(2.) For the sake of convenience, the appellant and the respondent will be referred to as complainant and accused respectively.

(3.) It is the case of the complainant that on 20.08.2005, the accused borrowed Rs.1,50,000/- and for discharging the said liability, issued a post-dated cheque dated 25.11.2005 (Ex.P1) for Rs.1,50,000/- drawn on Indian Bank, Palavakkam branch; on 25.11.2005, the accused requested the complainant to deposit the cheque on 29.11.2005 and accordingly, the complainant deposited the same in Indian Bank, Arakkonam branch on 29.11.2005; however, the cheque was returned with the endorsement "funds insufficient" on 27.12.2005 (Ex.P3); the complainant contacted the accused and the accused requested him to re-present the cheque and accordingly, the complainant re-presented the cheque on 08.02.2006; this time also the cheque was returned unpaid with the endorsement "funds insufficient" vide bank advice dated 10.02.2006 (Ex.P4); the complainant issued a statutory demand notice dated 23.02.2006 (Ex.P5), which was received by the accused on 25.02.2006 vide acknowledgment card (Ex.P6); since the accused did not comply with the demand, the complainant initiated a prosecution in C.C.No.137 of 2006 before the Judicial Magistrate, Arakkonam under Section 138 of the Negotiable Instruments Act, 1881 (for brevity "the NI Act") against the accused.