S. SUGANYA Vs. D. MURUGESAN

JUDGEMENT

(1.) The respondent was convicted vide judgment dtd. 22/9/2015 in S.T.C.No.1222 of 2010 by the learned Judicial Magistrate No.I, Erode (trial Court) and sentenced to undergo Simple Imprisonment for a period of three months for offence under Sec. 138 of Negotiable Instruments Act, 1881. Challenging the same, the respondent preferred an appeal before the learned II Additional Sessions Judge, Erode (lower appellate Court) in Crl.A.No.131 of 2015 and the same was allowed by judgment dtd. 29/2/2016 setting aside the conviction of the trial Court. Aggrieved over the same, the appellant/appellant filed the present criminal appeal.

(2.) Gist of the case is that Mrs.S.Suganya (PW2), Proprietor of M/s.Ramgopal Sizing Mills is represented by her son and Power of Attorney Mr.S.Ramgopal (PW1), Proprietor of M/s.Dwarakaa Calendering Mills. On 10/4/2009 the 1st respondent borrowed a sum of Rs.30,000.00 from the appellant for his urgent business needs. In discharge of the liability, the 1 st respondent issued a post dated cheque (Ex.P1) bearing No.880341 dtd. 17/7/2009 for a sum of Rs.30,000.00 drawn on City Union Bank, Erode Branch. When the appellant presented the cheque for encashment through his City Union Bank, Erode Branch, the same returned for the reason "Account Closed". Thereafter, the appellant issued a legal notice (Ex.P3) to the 1 st respondent demanding to pay the cheque amount within 15 days from the date of receipt of Ex.P3. Despite receipt of Ex.P3, the 1 st respondent neither returned the cheque amount nor sent any reply. Thereafter, following the procedure, the appellant filed a complaint before the trial Court.

(3.) During trial, the Power of Attorney Mr.S.Ramgopal examined as PW1 and his mother examined as PW2 and marked Exs.P1 to P5. On the side of the defence/accused, one witness DW1 examined and Exs.D1 to D3 marked. On conclusion of trial, the trial Court convicted the 1 st respondent, on appeal, the conviction was set aside by the lower appellate Court. Against which, the present criminal appeal is filed.