V. GIRIDHARA Vs. M.A. REHAMAN

JUDGEMENT

(1.) THE appellant has challenged the Judgment and Order of acquitting the respondent for the charge under Section 138 of the Negotiable Instruments Act [hereinafter referred to as "the Act" for short] on a trial held by the JMFC., Alur.

(2.) THE facts reveal that the appellant claims that he had advanced a sum of Rs.1,20,000-00 to the respondent on 02.07.2004 and towards repayment of the said amount, the accused issued a cheque bearing No.149976 dated 02.08.2004. When the said cheque was presented for encashment, it returned with endorsement of insufficient funds. The appellant issued a notice to the respondent and it was not replied. Hence, he approached the trial Court with a complaint under Section 200 Cr.P.C., praying to initiate action against the accused for the offence punishable under Section 138 of the Act. The respondent appeared and during the trial, the appellant was examined as P.W.1 and in his evidence documents Exs.P1 to 6 were got marked. After recording the statement of the respondent under Section 313 Cr.P.C., he was examined as D.W.1 and in his evidence Exs.D1 to 8 were got marked. The trial Court after hearing learned counsel for the parties and on appreciation of the material on record, acquitted the respondent. Aggrieved by the Order of acquittal, the present appeal has been filed.

(3.) LEARNED counsel for the appellant submits that the signature on the cheque is not in dispute and the notice is not replied. Hence, he submits that a presumption arises under Section 139 of the Act. He contends that the presumption is not rebutted and hence he prays for conviction of the respondent. On the other hand, learned Amicus Curiae for the respondent has supported the Order of the trial Court.