KANNAN Vs. SESHATHIRI @ THAIVASILAI RAMASAMY

JUDGEMENT

(1.) The appellant herein filed C.C.No.5 of 2004 before the learned District Munsif cum Judicial Magistrate, Thiruvadanai, alleging that the respondent had committed offence punishable under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act'). The learned Magistrate took cognizance of the said private complaint for the offence under Sec. 138 of the Act. Ultimately, in culmination of the trial, by judgment dated 04.10.2005, the trial Court acquitted the respondent. Challenging the same, the appellant is before this Court with this appeal. The case of the complainant in brief is as follows:

(2.) During trial, on the side of the complainant, he was examined as P.W.1 and the Manager of the Bank, who dis-honoured the cheque, was examined as P.W.2. As many as five documents were exhibited on the side of the complainant, namely, the cheque, the return memo by the bank, the dis-honour memo, the copy of the legal notice issued by the complainant and the postal acknowledgement. When the above incriminating evidences were put to the accused, he denied the same as false. However, he did not choose to lead either oral or documentary evidence. Having considered all the above, the trial Court by judgment, dated 04.10.2005, acquitted the respondent. That is how, the appellant is before this Court with this appeal.

(3.) I have heard the learned counsel on either side and also perused the materials available on record.