N.ELANGOVAN Vs. C. GANESAN

JUDGEMENT

(1.) The Appellant / Complainant has focussed the present Criminal Appeal before this Court, as against the Judgment of acquittal, dated 02.08.2006 in C.C.No.1273 of 2003, passed by the Learned IX Metropolitan Magistrate, Saidapet, Chennai.

(2.) The Learned IX Metropolitan Magistrate, Saidapet, Chennai, while passing the impugned Judgment in C.C.No.1273 of 2003, dated 02.08.2006 had interalia observed 'that the Appellant / Complainant in his written complaint, argument, evidence and in notice had stated that the Respondent / Accused issued a Cheque in his favour based on private money transaction, since it transpires that Ex.P1 Cheque was issued in favour of Partnership Firm of 'Sri Karpaga Vinayagar Jewellery' and also that the Appellant / Complainant in para 3 of his complaint had admitted that the Respondent / Accused was the partner in the 'Sri Karpaga Vinayagar Jewellery' Partnership Firm and in that case, other partners were not shown as Accused and also that in the aforesaid case, the Appellant / Complainant had not arrayed 'Sri Karpaga Vinayagar Jewellery' as first Accused and although presently 'Sri Karpaga Vinayagar Jewellery' was not in existence, in regard to this there was no pleading in the complaint by the Appellant and as per Section 141(1)(2) of the Negotiable Instruments Act, the Appellant / Complainant had filed the present case only against the Respondent / Accused and as such, the case filed by the Appellant / Complainant is not maintainable and resultantly held that the Appellant / Complainant had not proved the case beyond reasonable doubts to the effect that the Respondent / Accused was guilty under Section 138 of Negotiable Instruments Act and thereby granted the benefit of doubt in favour of the Respondent / Accused and consequently, he was found not guilty and acquitted him under Section 255(1) of Cr.P.C.'

(3.) According to the Learned Counsel for the Appellant / Complainant, the Judgment of the trial Court in C.C.No.1273 of 2003 is not only against the probability of the case but the same is also devoid of merits.