SURENDERA BABU Vs. N.M. AHEMED HAJI

JUDGEMENT

(1.) This is an appeal against acquittal of the respondent/accused in C.C.No.143 of 2001 on the file of the Court of Judicial Magistrate No. 1, Karur, wherein the appellant/complainant seeks to prosecute the respondent/accused for the commission of the offences under Sections 138 and 142 of Negotiable Instruments Act, 1881.

(2.) According to the appellant/complainant, towards purchase of cotton handloom textile goods on credit basis, the respondent/accused was due and payable a sum of Rs.56,434.00and in order to discharge a portion of the liability, he has issued a cheque bearing No.0269419, dated 15.06.2000 drawn on State Bank of Tiruvancore, Hosdurg (Kanhangad) Branch and the said cheque, on presentation, got dishonoured for want of sufficient funds and thereafter, it was represented and once again, it got dishonoured with an endorsement 'Exceeds Arrangement'. The appellant/complainant issued a statutory notice, for which, the respondent/accused has also sent a reply notice and since he has not chosen to pay back the amount due and payable under the impugned cheque, the appellant/complainant came forward to file the complaint.

(3.) When the complaint was called on 22.12.2003, the Trial Court noted, to secure the presence of the respondent/accused, non-bailable warrant was issued on 25.11.2002 and it remain un-executed for a period of one year and taking into consideration of the fact that the appellant/complainant did not evince any interest to execute the non-bailable warrant, so as to secure the custody of the respondent/accused, has dismissed the complaint and discharged the accused under Sec. 256(1) of the Code of Criminal Procedure, 1973 and aggrieved by the said order of acquittal, the appellant/complainant has filed this appeal.