LAWS(MAD)-2010-1-11

JAYARAM FINANCE PARTNER D ELANGOVAN KANCHEEPURAM Vs. JAYAPRAKASH

Decided On January 20, 2010
JAYARAM FINANCE PARTNER D.ELANGOVAN, KANCHEEPURAM Appellant
V/S
JAYAPRAKASH Respondents

JUDGEMENT

(1.) These Criminal Appeals are filed against the judgment dated 12-12-2001 passed in Crl. A. Nos. 106 and 105/ 2000 by the learned Additional District Judge-cum-Chief Judicial Magistrate, Chengelput, acquitting the Respondent herein for the offence under Section 138 of the Negotiable Instruments Act, by reversing the judgment of the Trial Court dated 27-11-2000 made in CC. Nos. 364 and 363/1998, convicting and sentencing the Respondent for the offence under Section 138 of the Negotiable Instruments Act to pay a fine of Rs. 3000/-, in default to undergo six months Rigorous Imprisonment and Rs. 4,000/- as compensation under Section 357(3) of Code of Criminal Procedure in default to undergo six months Rigorous Imprisonment.

(2.) The case of the Appellant/complainant is that the impugned cheques were drawn by the Respondent/accused in favour of one Gnanavel towards debt liability, who in turn endorsed those cheques in favour of the complainant. Thus, the complainant is the holder in due course of the impugned cheques. On the cheques being presented for encashment with his Bankers, those cheques were dishonoured on the ground that it exceeded arrangement. Statutory notice was issued by the complainant and the acceused also sent a reply. Since,' the accused failed to pay the cheque amount, the complaint had been filed before the learned Magistrate concerned.

(3.) The learned Judicial Magistrate I, Kancheepuram found the Respondent guilty and convicted and sentenced him as referred to above. Aggrieved over the conviction and sentence, the Respondent/accused preferred appeals in Criminal Appeal Nos. 106 and 105 of 2000 respectively before the learned Additional District Judge-cum-Chief Judicial Magistrate, Chengalput, who set aside the conviction and sentence imposed by the Trial Court and allowed the appeals. As against the said judgment, the complainant has filed the present Criminal Appeals.