G.THANGARAJ Vs. R.MANICKAM

JUDGEMENT

(1.) The appeal is filed against the judgment of acquittal in C.C.No.569 of 2001 dated 15.03.2004 rendered by learned Judicial Magistrate No.5, Coimbatore. The appellant is the complainant, who had filed a private complaint under Section 138 of Negotiable Instrument Act against the respondent.

(2.) It is an appeal arising out of a private complaint under Section 138 of Negotiable Instrument Act. It is pending from the year 2007 and it is found that the appellant had also not shown any interest in prosecuting the above appeal for more than a decade. Therefore, keeping the appeal further pending would serve no purpose. Hence, this Court proceeds to dispose the appeal on merits on the materials available.

(3.) The gist of the case is that the respondent had borrowed a sum of Rs.1,00,000/- on 11.12.2000 for his urgent business needs from the appellant, for which, he issued a post dated cheque bearing No.067200 dated 10.01.2001 drawn on Tamil Nadu Mercantile Bank in favour of the appellant and requested that on instructions from the respondent the same has to be deposited for collection. Thereafter, on instructions from the respondent, the appellant had deposited the cheque in his bank, namely, Punjab National Bank, Coimbatore on 09.06.2001. The cheque was returned for the reason "Exceeds Arrangement"? and it was intimated to the appellant. The appellant had issued Statutory Notice on 15.06.2001, which was received by the respondent and thereafter with false averments, the respondent had sent a reply dated 13.07.2001.