S.VINAYAGAMOORTHY Vs. P.MAHENDRAN

JUDGEMENT

(1.) This Criminal Appeal has been filed by the complainant against the order passed by the Additional District Munsif, Cheyyar, in S.T.C.No.29 of 2006 dated 02.11.2009.

(2.) The appellant herein had filed a private complaint alleging that the respondent herein borrowed a sum of Rs.40,000/- (Rupees Forty Thousand Only) on 23.01.2006 and to discharge the said debt, the respondent had issued a cheque for Rs.40,000/- (Rupees Forty Thousand Only) dated 23.02.2006. He further alleged that he presented the said cheque on 23.02.2006 in the State Bank of India, Cheyyar Branch for Encashment. The said cheque was returned on 03.03.2006 on the ground that the account was closed and hence, he issued a statutory notice on 20.03.2006 calling upon the respondent to pay the amount due on the said cheque. He further alleged that though, the respondent/accused had received the said notice on 03.03.2006, he has not come forward to pay the amount nor sent any reply and hence he filed a private complaint under Section 200 of Cr.P.C., before the Judicial Magistrate No-II, Cheyyar, to punish the respondent/accused under Section 138 of Negotiable Instruments Act.

(3.) Based on the said complaint, the learned Judicial Magistrate No-II, Cheyyar has taken the case on file in S.T.C.No.329 of 2006 and subsequently, it was transferred to the Additional District Munsif, Cheyyar and renumbered as S.T.C.No.29 of 2006.