SAKTHI FINANCE LTD Vs. K SELVARAJ

JUDGEMENT

(1.) The Appellant filed C.C. No. 165/1996 on the file of the learned Judicial Magistrate No. I, Namakkal against the Respondent herein alleging that the Respondent had committed offence punishable under Section 138 of the Negotiable Instruments Act. The learned Magistrate by judgment dated 7.8.2000 found the Respondent guilty under Section 138 of the N.I. Act and accordingly, imposed a sentence of rigourous imprisonment for one year. Challenging the same, the Respondent preferred an appeal in C.A. No. 59/2002 before the Additional District Judge, Fast Track Court, Namakkal. The said appeal came to be disposed of by judgment dated 18.11.2002. The lower appellate court set aside the conviction and sentence imposed by the trial court and acquitted the Respondent. Aggrieved over the same, the Appellant is before this Court with this appeal against acquittal.

(2.) The facts of the case in brief would be as follows:

(3.) Before the trial court on the side of the complainant, as many as 4 witnesses were examined and 8 documents were exhibited. P.W.1 was the Branch Manager of the Namakkal Branch who has spoken to about the hire purchase agreement between the Respondent and the Appellant company and also the issuance of three cheques in question by the Respondent and all the other subsequent facts including the issuance of statutory notice. P.W.2 was the then Law Assistant working at the Head Office of the Appellant company who has spoken to about the statutory notice issued to the Respondent by the head office. P.Ws. 3 and 4 are the officials of the bank who have spoken to about the dishonour of the cheques. So far as the documents are concerned, Ex.P.1 is the Power of Attorney executed by the company in favour of P.W.1 to lay a private complaint. Ex.P.2 are the cheques in question. Ex.P.3 is the memo from the bank indicating the dishonour of the cheque. Ex.P.4 is the copy of the notice dated 18.5.1996 and Ex.P.5 is the letter given by the postal authorities evidencing the service of notice on the Respondent. Ex.P.6 is the account book maintained. Ex.P.7 and Ex.P.8 are also similar records pertaining to the hire purchase agreement.