K.P.SENTHILKUMAR Vs. R.MOHAN

JUDGEMENT

(1.) Challenging the judgment of acquittal, passed by the learned Judicial Magistrate, Fast Track Court-II, Eroe in STC No.100 of 2015, dtd. 12/12/2019, the present Criminal Appeal has been filed.

(2.) The fact of the case is that the brother of the accused, one Aravindoss had borrowed a sum of Rs.4.00 lakhs from the complainant on 26/12/2012 as a handloan. To discharge the above debt, Aravindoss handed over a post dated cheque bearing No.183977 with an endorsement that he issued the same in favour of the Complainant for a sum of Rs.4.00 lakhs drawn on State Bank of India, G.H.Road, Erode, dtd. 6/3/2013. When the complainant presented the said cheque for collection with State Bank of India, Sathy Road, Erode Branch on 6/3/2013, it was returned unpaid on the ground of "Funds Insufficient". Hence, the complainant issued statutory notice to the accused and demanded unpaid cheque amount. Thereafter, filed the private complaint against the accused person.

(3.) The accused appeared before the Court and raised the defence that the transaction between the accused and Aravindoss was not proved and further, there is no valid endorsement to the holder in due course as contemplated under Sec. 50 of the Negotiable Instruments Act and not complied with the requirement of Sec. 58 of Negotiable Instruments Act. The trial Court, after considering the evidence, the argument of the counsel for the parties, and relying upon the jugment of this Court reported in 2011(1) MWN (cr.) SCC 76 ( Palaniappa Mills ,rep. by its Partner P.Natarajan /vs/ A.Vaithiyalingam), found the accused not guilty for the offence under Sec. 138 of Negotiable Instruments Act and acquitted the accused. Aggrieved over the same, the present appeal has been filed by the complainant.