K.N.Basha, J. - (1.) THIS appeal is preferred by the complainant challenging the order of acquittal passed by the learned VIII Metropolitan Magistrate, George Town, Chennai in C.C.No.1699 of 1996 dated 06.08.1997 acquitting the accused of the offence under Section 138 of Negotiable Instruments Act.
(2.) THE case of the complainant is that the accused had borrowed a hand loan of Rs.5.00.000/ - on 06.04.1995 and executed five pro notes for Rs. 1,00,000/ - each on the same date. The complainant marked Ex.Pl, pro note in this case. It is further pointed out by the complainant that in order to discharge the above said dues, the accused had paid a part of the amount by a cheque bearing No.123158 dated 12.02.1996 for an amount of Rs. 1,00,000/ - drawn on Vysya Bank Limited, Park Road, Erode in favour of the complainant and it is stated by the complainant that the accused had made an oral promise to the complainant that necessary arrangements were made to honour the above cheque at the time of presentation. The cheque is marked as Ex.P2. The complainant has examined himself as P.W.I and stated that, believing the representation of the accused, he had presented the above said cheque Ex.P2 to his banker viz., The Karnataka Bank Limited on 12.02.1996 and the same was returned as unpaid on the ground of "insufficient funds". The bank intimations Exs.P3 and P4 were received by the complainant on 19.02.1996. Thereafter, the complainant issued a legal notice dated 26.02.1996 calling upon the accused to discharge the entire amount towards the dishonoured cheque within 15 days from the date of receipt of the notice. The said legal notice is marked as Ex.P5. The complainant also stated that he had sent the legal notice under Certificate of Posting and also through registered post. The complainant marked Ex.P6 to prove that the legal notice, Ex.P5 was sent through Certificate of Posting. It is also stated by the complainant that the notice was received by the accused on 29.02.1996. The postal acknowledgement is marked as Ex.P7. The complainant has also produced a statement of account under Ex.P8. The complainant further submitted that in spite of receiving the notice, the accused failed to settle the amount till the date of filing of the complaint. The complainant stated that the accused had issued the cheque, Ex.P2 knowing fully well that no sufficient funds were standing to the credit of her account and she further failed to settle the amount towards dishonoured cheque till the date of filing of the complaint and thereby, the accused has committed an offence punishable under Section 138 of Negotiable Instruments act.
(3.) THE complainant in order to prove his case examined himself as P.W.I and also examined P.W.2, Manager of Vysya Bank Limited, Erode to speak about the return of the cheque on the ground of "insufficient funds". The complainant filed Exs.P.1 to P.8.;