K. N. KITTUSAMY Vs. A. P. SHUBBRAMANIAM

JUDGEMENT

(1.) This criminal appeal has been filed by the complainant against the judgment of acquittal made by the learned II Additional Sessions Judge, Erode District, reversing the judgment of conviction dated 13.02.2014 passed in C.C.No.173 of 2007 by the learned District Munsif cum Judicial Magistrate, Perundurai.

(2.) The appellant is complainant and respondent is accused. The appellant filed a private complaint under Section 200 of Cr.P.C. for the offence under Section 138 of Negotiable Instruments Act (for brevity 'NI Act') stating that the respondent/accused borrowed a sum of Rs.7,00,000/- from the appellant and to discharge the same, the respondent/accused issued a cheque bearing No.20603 dated 24.05.2007 drawn on Chennimalai Co-operative Urban Bank Limited, Chennimalai Branch, for a sum of Rs.7,00,000/-. Since the respondent had not repaid the amount, the appellant/complainant has presented the said cheque for collection on 24.05.2007, but, the same was dishonored and returned as 'Refer to drawer' without having sufficient fund in the bank account of the respondent/accused. Therefore the appellant/complainant had caused legal notice on 25.05.2007 calling upon the respondent/accused to repay the amount. On receipt the said notice, the respondent/accused had issued reply containing false allegations, not repaid the amount. Therefore the appellant filed a complaint and the same was taken on file by the learned District Munsif-cum-Judicial Magistrate, Perundurai, in C.C.No.173 of 2007.

(3.) Before the trial Court, in order to prove the case of the appellant/complainant, P.W.1 & P.W.2 were examined and marked documents as Ex.P1 to Ex.P10. On the side of the defence, no one was examined and Ex.D1 to Ex.D9 were marked.