V. MUNIRAMAPPA Vs. A. JAGANATHA RAJA

JUDGEMENT

(1.) THE complainant in S.T.C.No. 20/2013 on the file of the Judicial Magistrate, fast Track Court, Hosur is the petitioner. He filed the above private complaint under Section 138 of the Negotiable Instruments Act against the respondent and that complaint was dismissed and the respondent was acquitted. Aggrieved by the same, the present petition seeking leave of this Court to file appeal against that judgment was filed.

(2.) THE case of the petitioner as seen from the complaint given in S.T.C.No. 20/2013 is as follows: -

(3.) THE trial Court, after considering the inconsistencies in the evidence and the allegations made in the complaint and the statutory notice and having regard to Ex.D.2 the letter given by the respondent to ICICI Bank, Hosur Branch, stating that Cheque No. 190028 was obtained from him by force by the petitioner and two others and therefore, requesting the bank authorities to stop payment in respect of the cheque, held that the complainant / petitioner herein failed to prove that the cheque was given towards legally enforceable liability and even though the signature was that of the respondent, the respondent discharged the rebuttal presumption and the petitioner failed to prove that the cheque was given for a legally enforceable liability, and dismissed the complaint. Aggrieved by the same, this petition is filed.