(1.) Heard the Learned Counsel for the Petitioner / Appellant / Complainant. No counter is filed on behalf of the Respondent / Accused. However, this Court has heard the Learned Counsel for the Respondent / Accused.
(2.) The Petitioner / Appellant / Complainant has preferred the instant Criminal Original Petition praying permission of this Court to grant him Special Leave to prefer an Appeal under Section 378(4) of Cr.P.C., as against the 'Judgment of Acquittal' dated 24.10.2016 in S.T.C.No.32 of 2015 passed by the Learned II Additional District Munsif, Bhavani.
(3.) The Learned II Additional District Munsif, Bhavani while passing the Impugned Judgment in S.T.C.No.32 of 2015 on 24.10.2016 at Paragraph No.12 had among other things observed that '----- In the instant case, admittedly, except the cheque in question, no other documents were produced by the complainant. Even the complainant has not produced the chit book, jewellery receipts before this Court. Therefore, the complainant failed to establish the source of income etc.....', and further opined that '....the Accused (Respondent) had established his valuable defence during the trial that the cheque in question was not issued by him for legally enforceable debt...' and finally found him not guilty in respect of an offence under Section 138 of the Negotiable Instruments Act and acquitted him under Section 255(1) of Cr.P.C.,