KOTHAI FINANCE REP Vs. CHINNASAMY

JUDGEMENT

(1.) A judgment of acquittal made by the learned I Additional Sessions Judge, Coimbatore in a criminal appeal which arose from an order of conviction by the trial Court namely Judicial Magistrate, Tiruppur in a complaint under Sec.138 of The Negotiable Instruments Act, is under challenge.

(2.) The appellant before this Court filed a complaint under Sec.138 of the N.I. Act with the following facts: The respondent who was originally the accused before the trial Court, had money transactions with the complainant, and in that way he owed Rs.70,000/-. He issued Ex.P1 cheque dated 21.4.93 drawn on Indian Bank, Rasipuram. The complainant sent the same for collection on 26.4.93 through its Bank namely Lakshmi Vilas Bank, Tiruppur, and the same was dishonoured and returned with the endorsement "exceeds arrangement". The complainant issued a notice on 12.5.93 under Ex.P3. On receipt of the said notice, the accused made a request to wait for some time and present the same again on 21.6.1993. Accordingly, the said cheque was presented for the second time on 21.6.93, and the same was dishonoured and returned as on the earlier occasion. Again the complainant issued another notice under Ex.P2 on 3.7.93, which was returned, and hence, the complainant was constrained to file the complaint under Ss 138 and 142 of the N.I. Act.

(3.) After following the procedural formalities, the trial Court tried the complaint. On the side of the complainant P.Ws.1 to 3 were examined, and Exs.P1 to P5 were marked. After evidence of the complainant was over, the accused was questioned under Sec.313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the complainant witnesses. The accused examined himself as D.W.1, and Exs.D1 to D5 were marked. The trial Court on consideration of the materials available and hearing the rival submissions found the accused guilty and convicted him under Sec.138 of the Negotiable Instruments Act and sentenced him to undergo R.I. for one year and to pay a fine of Rs.2,000/- and in default of payment of fine to undergo S.I. for 6 months. Aggrieved accused preferred an appeal before the Sessions Division, Coimbatore, wherein the learned I Additional Sessions Judge after consideration of the submissions and scrutiny of materials reversed the judgment of the trial Court and acquitted the accused. Hence, the complainant has brought forth this appeal.