M.VELU Vs. S.PRAKASH

JUDGEMENT

(1.) Assailing the order of acquittal passed in STC No.78 of 2023 dtd. 3/1/2024 by the District Munsif-cum-Judicial Magistrate, Uthukottai, the present petition has been filed by the petitioner seeking leave to file appeal.

(2.) It is the case of the petitioner that the petitioner had given loans to one Sunil and in discharge of a part of the loan of Rs.1,75,000.00, the said Sunil had, in the year 2002, promised to repay the same during April. However, the said Sunil was not able to pay the amount due to financial constraints and, therefore, the said Sunil had introduced the respondent herein to whom Sunil had given some loans and the respondent herein agreed to discharge the loan of Rs.1,75,000.00 taken by Sunil from the petitioner and towards the same, the respondent had promised to give the said amount during July, 2022 and, accordingly, given Cheque No.000002 dtd. 7/7/2022, which when deposited with the bankers of the petitioner, was returned with endorsement "funds insufficient" through return memo dtd. 12/7/2022. Therefore, the petitioner caused a notice dtd. 22/7/2022 , Ex.P-3, which was returned with endorsement "No Such Addressee". Since the amount was not discharged, the petitioner filed the complaint dtd. 12/10/2022 u/s 138 of the Negotiable Instruments Act along with a petition to condone the delay, which after being condoned, was taken on file.

(3.) Upon receipt of the complaint and examining the petitioner u/s 200 Cr.P.C., as there existed a prima facie case for proceeding against the respondent, the court below took cognizance of the complaint and issued summons to the respondent for appearance. To substantiate the case, the petitioner examined himself as P.W.1 and marked Exs.P-1 to P-4. On the side of the respondent, neither oral evidence nor documentary evidence was marked. On consideration of the oral and documentary evidence, the trial court acquitted the respondent herein aggrieved by which the present petition has been filed seeking leave to appeal.