SASTHA VASAN BUILDERS Vs. G.JEGANATHAN

JUDGEMENT

(1.) This criminal appeal is filed against the Judgment and order of the Judicial Magistrate Court (Fast Track Court -1), Erode, made in S.T.C.No.156/2019, dtd. 17/9/2020, acquitting the accused of the offence under Sec. 138 of the Negotiable Instruments Act.

(2.) The case of the appellant/complainant is that he is doing construction and land promoter business in the name and style of Sri Sastha Vasan Builders and Land Promoters. According to him, he had purchased 2.58 acres of land at Varukurampatti Village in Tiruchengode Taluk and formed into a housing colony with house-sites ready for construction.

(3.) The learned Judicial Magistrate, Fast Track Court-I,Erode, after receipt of the complaint recorded the sworn statement of the complainant and also on perusal of the documents found that there was a prima facie case against the accused and took cognizance of offence under Sec. 138 of N.I Act and issued summons to the accused under Sec. 204(3) Cr.P.C. On appearance of the accused, the copies of the case records were furnished to him under Sec. 207 Cr.P.C., and when the accused was questioned with regard to the substance of accusation made by the complainant, he pleaded not guilty and therefore, the case was posted for trial.