M/S. PANDIYAN FINANCE Vs. K. PERIYASAMY

JUDGEMENT

(1.) The Appellant/Complainant has filed the present Criminal Appeal before this Court [as an affected person] as against the Judgment of Acquittal dated 02.11.2015 in S.T.C.No.206 of 2015 passed by the Learned Judicial Magistrate No.1, (Fast Track Court), Erode.

(2.) The trial Court, while passing the impugned 'Judgment of Acquittal' dated 02.11.2015 in S.T.C.No.206 of 2015, at paragraph 11, had, among other things, observed that ".. without obtaining a license, the amount lent would not be the 'Legally Enforceable Debt'" and further at paragraph 15, had opined that 'no documents were filed in regard to the aspect that in the Complainant's Firm, Selvaraj was serving as a Managing Director and also for knowing about the case cheque amount details'. Also that, at paragraph 16, the trial Court had proceeded to observe that within six months from the commencement of the Complainant's Firm, it had the capacity to lend a sum of Rs.5,90,000.00 for which no documents were filed on behalf of the Complainant and therefore, came to the conclusion that the Complainant's Firm had no capacity/wherewithal to lend a sum of Rs.5,90,000.00 and a finding was rendered to the effect that the case cheque amount was not a 'Legally Enforceable Debt'.

(3.) In short, the trial Court ultimately found that the Complainant/Appellant's Firm had not established beyond reasonable doubt its case against the Respondent/Accused that he had committed an offence under Sec. 138 of the Negotiable Instruments Act and acquitted him under Sec. 255(1) Crimial P.C.