C. GEORLAND Vs. F. FRANKLIN

JUDGEMENT

(1.) This Criminal Appeal is filed to call for the records and set aside the Judgment passed in S.T.C. No.50 of 2015, dtd. 23/11/2022 on the file of the Judicial Magistrate No.1, Kuzhithurai and allow the Criminal Appeal.

(2.) The case of the Prosecution in brief is that the Accused is the friend of the Complainant. On 24/11/2014, the Accused borrowed a sum of Rs.3.00 Lakhs from him and issued a Cheque drawn on Tamil Nadu Mercantile Bank for the above said amount towards the discharge. It was presented for payment on 1/12/2014, which came to be returned due to Account closed, on 2/12/2014. After completing the Statutory formalities, the Complaint was filed under Sec. 200 of Cr.P.C., to punish the Accused for the offence under Sec. 138 of Negotiable Instruments Act. At the conclusion of the Trial Process, the Trial Court found that the Complainant has not established guilt of the Accused beyond all reasonable doubts and so it rendered a Judgment of acquittal. Against which this Appeal has been preferred by the Complainant.

(3.) Since it is a case of Acquittal, re-appreciation of evidence is required. Now we will go to the evidence on record in this regard. It is the case of the Complainant that the Cheque was issued towards legally enforceable liability on the date mentioned in the Cheque.