DANDAPANI Vs. CHELLATHURAI

JUDGEMENT

(1.) THE appellant is the complainant in S.T.No.961/2005 on the file of the Judicial Magistrate of First Class, Chittur. He prosecuted the 1st respondent alleging offence under Section 138 of the Negotiable Instruments Act, basing upon a post dated cheque dated 15.12.2004 for a sum of rupees three lakhs said to have been borrowed on 10.10.2003.

(2.) THE 1st respondent contended that he had borrowed only Rs.50,000/- and the said liability was discharged by selling a shop room belonging to him comprised in re-survey No.82/1 of Ozhalapathi village as per sale deed No.734/2004 of SRO Kozhinjampara to the appellant for Rs.3,00,000/-. The trial court believed the case of the 1st respondent. Accordingly, he was acquitted. Assailing the judgment of acquittal, this appeal is preferred.

(3.) THE transaction alleged in this case occurred on 10.10.2003 and the cheque is dated 15.12.2004. The appellant as PW1 would admit that on 24.6.2004 he purchased = cents of property with a shop room belonging to the 1st respondent as per document No.734/2004 of SRO, Kozhinjampara for Rs.3,00,000/-. The trial court arrived at a conclusion that the case of the appellant that he had paid the entire consideration for the said transaction without deducting the cheque amount is not believable. At the same time the defence is probable and convincing. I find that the reasons stated by the trial court is sound and requires no interference in the appeal. In the result, this appeal is dismissed.