MUKESH CHANDRA GUPTHA .. Vs. ANIL KUMAR JAIN

JUDGEMENT

(1.) THIS appeal is field challenging the order of acquittal passed by the learned Judicial Magistrate No. I, Erode in C.C. No. 352 of 1997, acquitting the accused for the offence under Section 138 of the Negotiable Instruments Act.

(2.) THE appellant is complainant in this case and the case of the complainant is that the complainant has given loan to one M/s Sivan Textiles and the said Sivan Textiles in order to discharge the liability has issued a cheque for Rupees One Lakh dated 23.9.1996 and this cheque is marked as Ex. P.1. It is also further stated by the complainant that the said M/s Sivan Textiles issued another cheque in Ex. P. 2 dated 30.9.1996 for an amount of Rs. 61,420/ -. The above said two cheques were endorsed by one Sivakumar and M/s Sivam Textiles Kumar in favour of the complainant herein and the complainant deposited these two cheques on 20.3.1997 in the bank, namely Punjab National Bank, Erode and the same were dishonoured on the ground of "insufficient funds", as per the return memos Ex. P.3 and Ex. P.4. Thereafter, the complainant is said to have issued a legal notice under Ex. P.5 dated 2.4.1997, and Ex. P. 6 dated 4.4.1997 is the postal acknowledgment card. It is also further submitted by the complainant that the accused is also said to have sent a reply in Ex. P. 7 dated 21.4.1997. Ex. P.8 is the statement of account in respect of the accused. The complainant examined himself as P.W.1 and he has stated that he is the proprietor of Balaji Textiles. In order to prove his case against the accused, the complainant, apart from examining himself as P.W.1, examined P.W.2, who is the Bank Manager and marked Exs. P.1 to P.8.

(3.) WHEN the accused was questioned under Section 313 of Cr.P.C. in respect of incriminating materials against him through the evidence adduced by the complainant, the accused has come forward with the version of total denial and he has stated that he has not committed any offence and he has been falsely implicated in the case and he has not chosen to examine any witness.