H.K.BHOJAN Vs. DIAMOND EQUIPMENTS AND ENGINEERS

JUDGEMENT

(1.) This petition has been filed to grant leave to the petitioner to prefer Criminal Appeal against the order of acquittal dtd. 26/10/2022, passed by the learned District Munsif-cum-Judicial Magistrate, Kotagiri in STC No.1757 of 2016.

(2.) The petitioner herein is the complainant and the respondents herein viz., Diamond Equipments and Engineers, (Proprietorship Firm) and P.Ravi (Proprietor of the Firm) are A1 and A2 in the above case in STC No.1757 of 2016. The petitioner filed a complaint under Sec. 138 of Negotiable Instruments Act against the respondents/accused stating that, the second respondent borrowed a sum of Rs.11,30,000.00 on various dates from 14/8/2015 to 25/1/2016; and thereafter, to repay the entire amount, the second respondent, in the capacity of sole proprietor of A1 Firm, issued a post dated cheque, bearing No.108077 for a sum of Rs.11,30,000.00 . The petitioner presented the above cheque for collection through his bank viz., Vijaya Bank, Kotagiri on 19/9/2016 and the same was dishonoured on 20/9/2016, with an endorsement " Drawers signature differs" . Therefore, the petitioner issued a notice on 27/9/2016 to pay the amount towards the dishonoured cheque, but, the second respondent replied on 24/10/2016 with false allegation. Hence, the petitioner filed the complaint seeking compensation towards the cheque amount.

(3.) Before Trial Court, on the side of the petitioner, the petitioner and one another witness were examined as PW1 and PW2 respectively and marked 9 documents as Ex.P1 to Ex.P9. On the side of the defence, two witnesses were examined as DW1 and DW2 and 8 documents were marked as Ex.D1 to Ex.D8.