THAVAMONI STEPHEN JEYARAJ Vs. MUTHUKRISHNAN

JUDGEMENT

(1.) This Appeal is directed as against the order of acquittal dtd. 16/4/2021 passed in Crl.A.No.62 of 2019 on the file of the learned IV Additional Sessions Judge, Tirunelveli, thereby reversing and setting aside the order of conviction, dtd. 1/4/2019 passed in C.C.No.87 of 2013 on the file of the learned Judicial Magistrate, Valliyoor, Tirunelveli District.

(2.) The appellant is the complainant and the respondent is the accused. The appellant lodged the complaint for the offence punishable under Sec. 138 of the Negotiable Instruments Act alleging that the respondent is the friend of the appellant. The respondent received a sum of Rs.1,25,00,000.00 through ICICI Bank cheques in the year 2010-2011 for purchasing landed properties at Vallioor in favour of the appellant. Since the respondent failed to purchase any land, the appellant demanded the respondent to re-pay the said amount. The respondent made certain re-payment and the balance due amount is Rs.43,00,000.00. They also agreed by agreement dtd. 24/5/2012 for the final settlement of Rs.43,00,000.00. In order to repay the said balance amount, the respondent issued cheque for the sum of Rs.43,00,000.00 and the same was presented for collection. It was returned dishonoured for the reason that the 'funds insufficient'. After causing statutory notice, the respondent failed to pay the cheque amount. Hence, the appellant lodged the complaint and the same has been taken cognizance in C.C.No.87 of 2013 on the file of the learned IV Additional Sessions Judge, Tirunelveli.

(3.) On the side of the appellant, he himself was examined as P.W.1 and one Ganesan was examined as P.W.2 and marked Ex.P.1 to Ex.P.10 and on the side of the respondent, D.W.1 to D.W.4 were examined and Ex.D.1 to Ex.D.12 were marked. Through the Court, Ex.X.1 and Ex.X.2 were marked.