Rajendran v. Kesavan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2015

CORAM :

THE HONOURABLE MS.JUSTICE R.MALA

Crl.O.P.No.31077 of 2014 in Crl.A.Sr.No.54907 of 2014

Rajendran ... Petitioner/Complainant Vs. Kesavan ... Respondent/Accused Prayer:- Petition filed under Section 378(4) Cr.P.C. to grant special leave to the petitioner to file the appeal against the judgment of acquittal dated 09.10.2014 in C.C.No.51 of 2013 on the file of the Judicial Magistrate's Court No.III, Salem.

For Petitioner : Mr.R.Thirugnanam O R D E R

This petition is filed for granting leave to the petitioner to file appeal against the judgment of acquittal dated 09.10.2014 in C.C.No.51 of 2013 on the file of the Judicial Magistrate's Court No.III, Salem.

2.The petitioner as a complainant preferred a private complaint against the respondent/accused stating that on 18.10.2012, the accused intending to purchase the land, has borrowed a sum of Rs.90,00,000/- from the complainant and issued five cheques and agreed that if the accused is not able to purchase the land, he would repay the same. Since the accused has not repaid the same, the complainant presented the cheques for encashment and the same were returned as 'funds insufficient'. So the complainant sent a statutory notice to the accused, even though the accused received the notice, neither he repaid the amount nor he sent any reply. Therefore, the appellant preferred a private complaint against the accused under Sections 138 and 142 of the Negotiable Instruments Act (hereinafter called as “the Act”).