IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 27.10.2022 CORAM:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.A.No.1138 of 2022 S.Murugan ...Appellant -Vs-

M.K.Karunagaran ...Respondent This Criminal Appeal is filed under Section 378 Cr.P.C. praying to set aside the judgment of acquittal dated 25.07.2022 made in C.C.No.22 of 2019 by the learned Judicial Magistrate, Fast Track Court, (Magisterial Level) at Tiruvannamalai.

For Appellant : Mrs.G.Sumitra For Respondent : No Appearance *******

JUDGMENT

The appellant is the complainant and respondent is the accused. The appellant/complainant filed a private complaint under Section 200 Cr.P.C.

for the offence under Section 138 of Negotiable Instruments Act before the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Thiruvannamalai, and the learned Magistrate taken cognizance of the complaint in C.C.No.22 of 2019.

2 Case of the appellant/complainant is that he and the respondent/accused were friends. The respondent/accused is a RMP Doctor and runs a Clinic at Kanna Palace in Chinna Kadai Street, Tiruvannamalai. The respondent/accused had availed loan from various persons for his Heart operation and for repaying those loans, the respondent/accused requested the appellant to lend money for a sum of Rs.8,00,000/-. The appellant advanced the said loan out of his savings and from the amount received from his mother Kuppammal in a sale of property. The respondent/accused had assured repayment of the loan with interest of Rs.2/- for Rs.100/- per month and had also executed Promissory Note, in which two witnesses have signed. Thereafter, the appellant/complainant demanded for repayment of the loan and the appellant/complainant and the respondent/accused accepted to pay interest of Rs.2.00 lakhs along with principal amount of Rs.8.00 lakhs and the respondent/accused issued a cheque bearing No.143726 dated 04.02.2019 for a sum of Rs.10.00 lakhs drawn on IDBI Bank, Tiruvannamalai Branch. The appellant/complainant presented the cheque for collection on 04.02.2019 and the same was returned as “Alteration” vide return memo dated 06.02.2019 and when the appellant/complainant informed the same to the respondent/accused, he got back the cheque and issued another cheque bearing No.143727 dated 11.02.2019 for Rs.10,00,000/- drawn on IDBI Bank, Tiruvannamalai Branch in favour of the appellant/complainant. Thereafter when the appellant/complainant presented the new cheque for collection on 11.02.2019, that was also dishonoured as “Funds Insufficient” vide return memo dated 13.02.2019. Therefore, the appellant/complainant issued legal notice dated 05.03.2019, which was received by the respondent/accused vide acknowledgment card dated 06.03.2019 and despite the same, the respondent/accused neither chosen to pay the amount nor issued any reply notice and hence the appellant/complainant has filed the present complaint for the offence under Section 138 of Negotiable Instruments Act.

3 In order to substantiate the complaint, the appellant/

complainant himself examined as P.W.1 and 8 documents were marked as Exs.P1 to P8. On the side of the accused, no one was examined and no document was marked. After trial, by judgment dated 25.07.2022, the learned Magistrate dismissed the complaint and acquitted the respondent.

4 Aggrieved over the judgment of acquittal, the complainant has filed the present appeal before this Court.

5 The learned counsel appearing for the appellant/complainant would submit that the respondent/accused borrowed money and gave cheuqe towards discharge of the debt and when the complainant presented the same for collection, it was returned as “Funds Insufficient” and hence the complainant caused legal notice, but in spite of receipt of the said notice, the respondent/accused neither repaid the amount nor sent any reply.

5.1 The learned counsel appearing for the appellant/complainant would submit that the respondent/accused admitted the signature and execution of the cheque. Once signatu