AIRFRIEGHT LTD Vs. REDBULL EXPORTS

JUDGEMENT

(1.) THIS Criminal Appeal has been filed against the order of the Learned Judicial Magistrate No. V, Coimbatore made in STC No. 2260 of 1997.

(2.) THE brief facts of the case are as follows: the complainant, the revision petitioner herein, filed a complaint against the accused for an alleged offence under Sections 138 and 142 of the Negotiable Instruments Act. The gist of the complaint is that the accused entrusted their goods to be transported to Canada by Air for which purpose the accused issued Ex. P-2 cheque. The bill raised by the complainant for transporting the consignment is Ex. P-1. When the cheque was presented on 31. 12. 1996 to the Bank, it was returned with an endorsement insufficient funds in the account of the accused. The returned memo is Ex. P-3. Therefore, the complainant issued Ex. P-4 statutory notice and Ex. P-5 is the acknowledgment card for having received the said notice by the accused. Ex. P-6 is the reply sent on behalf of the accused. On behalf of the complainant P. Ws. 1 and 2 were examined and on behalf of the accused-D. W. 1, Muthusamy the partner of the second accused (A-2) was examined. On a consideration of the oral and documentary evidence adduced on both sides, the Learned Judicial Magistrate came to the conclusion that the alleged offence against the accused is not proved and therefore acquitted the accused. Aggrieved over the said judgment and decree, this appeal has been filed by the complainant.

(3.) MR. S. Kalyana Raman, learned counsel appearing for the appellant would contend that the signature in the cheque has been admitted by the accused, the transactions are not disputed by the accused and if there is any liability on the part of the complainant for belated delivery of the goods, separate proceedings could have been initiated and thus the offence alleged against the accused has been proved and that the presumption has not been rebutted.