S. SHANMUGAVEL Vs. N. INDHULEKHA

JUDGEMENT

(1.) The complainant in S.T.C. No. 246 of 2012 on the file of the learned Judicial Magistrate, Fast Track Court No. 2, Erode, is the appellant. He filed the complaint for the offence under section 138 of the Negotiable Instruments Act on the allegations that the respondent herein/accused had borrowed a sum of Rs. 2,00,000/- from him on 20.02.2012 that for the discharge of the said liability, the respondent had issued the cheque in question, that the cheque presented for collection was dishonoured, that the complainant had issued a notice calling upon the respondent to make payment and that the accused has failed to repay the amount.

(2.) In support of the complaint, the complainant examined himself as P.W.1 and marked Exs.P.1 to P.5. The accused pleaded not guilty. She did not adduce any evidence on her behalf.

(3.) The trial Court accepted the case of the complainant and convicted the accused of the offence under section 138 of the Negotiable Instruments Act and sentenced her to undergo simple imprisonment for one year and to pay a fine of Rs. 5,000/- and in default, to undergo simple imprisonment for one month. Aggrieved by the said order of conviction and sentence, the accused had preferred an appeal before the Sessions Court in Crl. A. No. 45 of 2015 and the learned Second Additional District Sessions Judge, Erode, set aside the said conviction and sentence passed by the trial Court and acquitted the accused. Assailing the said order of acquittal, the present appeal has been preferred by the appellant/complainant.