NAGARAJAN Vs. JINNAH SAHEB

JUDGEMENT

(1.) This is a criminal appeal filed by the complainant Nagarajan under S. 378, Cr. P.C. against the judgment dt. 24-5-82, in C.C. 86 of 1982 on the file of the Court of the learned Judicial Second Class Magistrate, Vellore, finding that the complainant had not proved his case against the accused under S. 417, I.P.C. and acquitting the accused under S.255(1), Cr.P.C.

(2.) The case of the complainant against the accused is that the accused had dealings with the complainant; that a sum of Rs. 3,000/- became due to the complainant in the month of Oct. 1981; and that the accused had been evading payment of amount in spite of repeated demands. The accused had issued a cheque in favour of the complainant on 1-11-81, drawn on Bank of Thanjavur and another cheque dt. 24-12-81 drawn on South Indian Bank. Both these cheques were returned stating that the accused had no funds in these banks. Thus the accused had an intention to deceive the complainant and issued the cheque. So, the complainant had filed the complaint under S. 417, I.P.C. before the lower Court.

(3.) When the accused was questioned by the lower Court, he had stated that he had no intention to deceive the complainant and thereupon issued the cheques and denied the offence.