UMARANI Vs. VELAN

JUDGEMENT

(1.) THIS appeal has been preferred against Judgment in C. A. No. 16 of 1998 on the file of the II Additional Sessions Judge, Pondicherry. The appellant is the complainant. A private complaint was preferred by the complainant under Section 200 of Cr. P. C. for the offence under Section 138 of Negotiable Instruments Act against the accused.

(2.) THE averments in the complaint in a nutshell is that the accused after borrowing a sum of Rs. 35,000/- as a hand loan and also another sum of Rs. 15,000/- in the business transaction ie. for the purchase of cloths from the complainant and that in discharge of the said debt the accused had issued five cheques dated 10. 2. 1996 and when the cheques were presented in the bank they were dishonoured on the ground that there was no sufficient funds in the accounts of the drawer. Hence, the complaint.

(3.) BEFORE the trial Court the complainant was examined as P. W. 1 and Ex. Ps. 1 to 13 were marked. The learned trial Judge after going through the oral and documentary evidence and after getting himself satisfied as to the guilt against the accused has been proved beyond any reasonable doubt for an offence under Section 138 of Negotiable Instruments Act, has convicted the accused and sentenced the accused to undergo simple imprisonment for one month and also slapped a find of Rs. 35,000/- with default sentence. Aggrieved by the findings of the learned trial Judge, the accused preferred an appeal in C. A. No. 16/1998 before the II Additional Sessions Judge, Pondicherry, who has allowed the appeal on the ground that the complainant has failed to present the cheque within six months as contemplated under Section 138 (a) of Negotiable Instruments Act and also on the ground that there was no evidence to show that there was leagally enforceable debt on the date of drawl of the cheque and consequently set aside the judgement of the trial judge thereby acquitting the accused. Against the said findings of the learned first appellate Court the complainant has preferred this appeal.