POPPYS SPINNING MILLS P LTD Vs. C VISALAKSHI

JUDGEMENT

(1.) THIS appeal has arisen from the judgment of the learned Additional District Judge (Fast Track Court No. V), Coimbatore at Tirupur, reversing the judgment of the trial Court namely the Court of the Judicial Magistrate No. I, Tirupur, made in C. C. No. 112 of 2002.

(2.) HEARD the learned Counsel for the appellant. This Court is of the considered opinion that the materials available are suffice to pass an order of dismissal in this appeal, and no notice is even necessary to the respondents, since it does not require an admission.

(3.) IT was a private complaint filed by the appellant herein under Sections 138 and 142 of the Negotiable Instruments Act, alleging that the first respondent/accused issued a cheque to him to the tune of Rs. 2,32,099/ -. When the same was placed for encashment, it was returned dishonoured. A statutory notice was issued. The cause of action has arisen, since the demand made thereat was not met by the first respondent/accused, and thus, he lodged the private complaint before the lower Court. The trial Court took cognizance of the same and issued summons, pursuant to which she appeared. On trial, the trial Court has found her guilty and awarded two years Rigorous Imprisonment along with a compensation of Rs. 2,32,099/ -. Aggrieved, the accused took it on appeal, which was taken up by the lower appellate forum in C. A. No. 390 of 2004. On enquiry, the lower appellate Court reversed the judgment of the trial Court and acquitted the accused. Hence, this appeal before this Court.