VIJAYARAJ Vs. GITHEYON RAJ STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal is directed against the order of acquittal in S.T.C.No.2445 of 1991 of learned Judicial Magistrate, Padmanabhapuram. By the judgment dated 16.04.1992, 1st Respondent / Accused was convicted of the Charge under Sec.138 Negotiable Instruments Act.

(2.) Gist of the Complaint. The Accused borrowed a sum of Rs.14,000/- from the Complainant on 14.08.1991 at Thakkalai, agreeing to repay the entire amount on 02.09.1991. When the Complainant demanded the amount on 02.09.1991, the Accused issued Ex.A.1 - Cheque, bearing No.5 22748 of the State Bank of India, Kalkulam Branch for Rs.14,000/-. Ex.A.1 - Cheque was presented for collection on the same day i.e. on 02.09.1991. The Cheque was returned unpaid for want of money with endorsement ' fund insufficient '. On 09.09.1991, the Complainant issued Ex.A.3 - Notice to the Accused. The same was received by the Accused on 24.09.1991. But the Accused did not pay the amount. Hence, the complaint.

(3.) To substantiate the averments made in the complaint, in the Trial Court the Complainant examined himself as P.W.1. Exs.P.1 to P.5 were marked. During the questioning under Sec.313 Crl.P.C., the Accused denied his liability stating that a false case is foisted against him. The 1st Respondent / Accused examined himself as D.W.1. Defence version. The Accused admits his signature in Ex.A.1 - Cheque along with the seal of Kothanallur Town Panchayat. Case of the Accused is that he affixed the seal in Ex.A.1 - Cheque as Panchayat President, Kothanallur. His tenure as President was over on 02.03.1991. But Ex.A.1 - cheque is dated 02.09.1991. According to the Accused, the Complainant was running a Chit Transaction. One Peer Mohammed bid the chit from the Complainant. The said Peer Mohammed had not complied with the payment schedule. On the complaint by the Complainant, Peer Mohammed was taken to Police custody by Inspector of Police, Thakkalai. At that time, to get Peer Mohammed released, at the request of Peer Mohammed and his friends, Accused had talks with the Complainant Vijaya Raj. The Complainant informed him that if the Accused gives cheque security, Peer Mohammed would be released. Accordingly, the Accused issued Ex.A.1 - Cheque on 02.09.1990 on condition not to present it for collection. On that condition, Accused issued Ex.A.1 - Cheque without date and without filling drawee's name.