R. VIJAYARAGHAVAN Vs. SEEGAMPATTI RAJAGOPAL

JUDGEMENT

(1.) The appellant, in both the appeal, is the complainant, who filed a private complaint for an offence under Sec. 138 of Negotiable Instrument Act, in C.C.No.3860 of 1998 & 3862 of 1998 on the file of the XXIII Metropolitan Magistrate, Saidapet. The respondent in Crl.A.No.1073 of 2000 is the accused in C.C.No.3860 of 1998 and the respondent in Crl.A.No.1075 of 2000 is the accused in C.C.No.3862 of 1998. After trial, by judgment dated 16.10.2000, the trial Court acquitted both the respondents. Against which, the appellant is before this Court with these appeals.

(2.) The case of the prosecution, in brief, is as follows:-

(3.) Out of the witnesses examined, P.W.1 is the complainant. According to him, both the respondents have borrowed a sum of Rs. 4,00,000.00 on 06.02.1997 and in order to discharge the loan, they have issued two cheques and also a pro-note, which was marked as Ex.P.6 and they have also entered into a loan agreement, Ex.P.7. Subsequently, when P.W.1 demanded money, in order to discharge the loan, both the accused issued two cheques dated 08.05.1998. When the above cheques were presented before the Bank of Baroda, K.K.Nagar Branch, the same was returned as "insufficient funds". Thereafter, he has issued legal notice, Ex.P.3 and the respondents also received the same, even after the receipt of the same, they did not send any reply and they have also not paid any amount. Hence, P.W.1 filed a complaint.