SAM DANIEL Vs. S JOHN

JUDGEMENT

(1.) This appeal is directed against the order of acquittal made in S.T.C.No.2171 of 1992 on the file of learned Judicial Magistrate, Padmanabapuram by judgment dated 17.06.1996. Aggrieved over the order of acquittal, the Complainant has preferred this appeal.

(2.) The case of the Complainant is that he is working as Work Superintendent in Agricultural Department. The Accused is working as a Peon in Nesamani Memorial Christian College, Marthandam. Towards his timber business, the Accused had transaction with the Complainant during 1992. The case of Complainant is that on 14.04.1992, the Accused requested to advance Rs.75,000/- from the Complainant for his timber business. The Complainant had given the amount for which the Accused had issued Ex.A.1 - cheque (dated 08.06.1992) drawn on Canara Bank, Kuzhithurai Branch. On 17.07.1992, the Complainant has presented Ex.A.1- cheque through his Bankers - State Bank of India, Kuzhithurai Branch. Ex.A.1 cheque was returned with endorsement 'insufficient funds' . The matter was informed to the Complainant from the State Bank of India, Kuzhithurai Branch under Ex.A.2 - Memoramdum (dated 24.07.199 2). On receipt of Memorandum of cheque unpaid, the Complainant sent a statutory notice - Ex.A.4 (dated 07.08.1992) to the Accused. The notice was returned on 19.08.1992 as unclaimed. Thereafter, the Complainant has sent Ex.A.7 - Telegram calling upon the Accused to pay the amount. The Accused had not made any arrangement for repayment. Ex.A.1 - Cheque was given by the Accused knowingly well that there was no sufficient fund to honour the cheque. Hence, the Complainant has filed the complaint under Sec.138 of Negotiable Instruments Act.

(3.) In the Trial Court, the Accused had entered appearance and contested the case. He denied the borrowing of the amount from the Complainant. According to the Accused, he is working as a Record Clerk in Nesamani Memorial Christian College, Marthandam. Further case of the Accused is that he purchased a Matador Van bearing Registration No. TN. 74-6579 for Rupees Two Lakhs from the Complainant, for which an agreement was entered into between the Accused and the Complainant and the Accused paid Rs.40,000/- as advance towards purchase of the Van. The Accused had entrusted the Van to a driver in Marthandam for plying. Later, the Accused came to know that the vehicle was in the name of one Sasikumar. Claiming ownership of the vehicle, the said Sasikumar had taken away the Matador Van. The Accused had filed a Civil Suit in O.S.No.242 of 1993 and obtained an order of interim injunction. The said Sasikumar had filed O.S.No.384 of 1995 against the Complainant, the Accused and Tamil Nadu Industrial Investment Corporation for repossession of the vehicle and for issuance of Search Warrant. The Accused had not obtained the documents of the vehicle. In that situation, only to settle the accounts relating to the vehicle, the Accused had signed in Ex.A.1 - Cheque and that no amount is payable by the Accused to the Complainant. The Accused contended that he suffered loss of more than Rs.1.50 Lakhs and that there is no legally payable debt by him to the Complainant.