P VINODH Vs. K VIVEKANANDAN

JUDGEMENT

(1.) THIS appeal emanates from the judgment of the trial Court in C. C. No. 26 of 1998 on the file of the Judicial Magistrate No. II , Coimbatore.

(2.) A private complaint was preferred by the complainant under Section 200 of Cr. P.C. , for an offence under section 138 of the Negotiable Instruments Act against the accused on the ground that a cheque drawn by the accused on 2. 9. 1997 for a sum of Rs. 1 lakhs in order to discharge a loan of rs. 2,50,000. 00 borrowed under a promissory note dated 10/3/1997, when presented in the bank for collection, the same was dishonoure d on the ground that there was no sufficient funds in the account of the drawer. The complainant had issued notice on 12/9/1997, which was received by the accused, and a reply was also sent by the accused.

(3.) WHEN incriminating circumstances were put to the accused under Section 313 of Cr. P. C. , the accused would deny his complicity with the crime. He has examined one Johnsan as D. W. 1. After going through the evidence both oral and documentary the learned trial judge has come to the conclusion that the complainant has failed to prove that the impugned cheque Ex. P. 1 was drawn by the accused only in order to discharge a subsisting liability and that the promissory note under, which a sum of Rs. 2,50,000/-, was lend by the complainant and the bank pass book to show that the complainant had sufficient funds to offer Rs. 2,50,000/- by way of loan to the accused, has not been produced by the complainant, to fasten the liability under Section 138 of the Negotiable Instruments Act against the accused and accordingly acquitted the accused, which necessitated the complainant to approach this Court by way of this appeal.