S.MUNIRAJ Vs. B.V.ANANTHARAO

JUDGEMENT

(1.) The Appellant / Complainant has filed the present Criminal Appeal before this Court (as an aggrieved person) as against the Judgment dated 06.03.2013 in C.A.No.69 of 2012 passed by the Learned Principal District and Sessions Judge, Krishnagiri.

(2.) The First Appellate Court (as an Appellate Authority) while passing the impugned Judgment in Crl.A.No.69 of 2012 on 06.03.2013 at Paragraph No.8 had among other things observed that "...the Accused (the Respondent) after obtaining a loan from Byrappa and executing a sale deed had paid back a sum of Rs.2,50,000.00 and after writing a cancellation of Sale Deed, a higher rate of interest was demanded and further that in the Sale Cancellation Agreement, the signature was erased after taking the photo, the Complainant (Appellant) was approached and the interest was additionally demanded to be paid, an harassment was made and because of the inability to pay the interest, the cheque, which was given for security was filled up by the complainant etc.," and ultimately it was concluded that the case filed against the Respondent / Accused under Sec. 138 read with 142 of Negotiable Instruments Act was not established beyond reasonable doubt and resultantly allowed the Appeal by setting aside the Judgment dated 05.10.2012 in STC No.143 of 2009 passed by the Learned Judicial Magistrate (Fast Tract Court), Hosur and acquitted the Accused / Respondent under Sec. 386 (b)(i) of Cr.P.C.,

(3.) Earlier, the Learned Judicial Magistrate, Fast Track Court, Hosur while delivering the Judgment in STC No.143 of 2011 on 05.11.2012 (filed by the appellant / Complainant) at Paragraph No.5 had observed as under: