THIRAVIYAM Vs. THANGAMARIYAPPAN

JUDGEMENT

(1.) Heard both sides.

(2.) The Petitioner/Appellant/Complainant has preferred the instant Criminal Original Petition (as an aggrieved person) praying permission of this Court to grant him Special Leave to prefer an Appeal under Sec. 378(4) of Crimial P.C. as against the Judgment dated 18.10.2016 in S.T.C.No. 153 of 2014 passed by the Learned Judicial Magistrate (Fast Track Court, Magisterial Level II), Poonamallee.

(3.) The trial Court while passing the Impugned 'Judgment of Acquittal' dated 18.10.2016 in S.T.C.No. 153 of 2014 at Paragraph No. 21 had interalia observed that '---there is no evidence on the part of the complainant to show the existing liability as on date of issuance of cheque' and further at Paragraph No.22 had proceeded to observe that '....defence has raised a probable defence that the cheque was given as security towards chit transaction' and finally came to the consequent conclusion that the evidence of P.W.1, Ex.P.1 to Ex.P.4 were insufficient and that the evidence of D.W.1, D.W.2, Ex.D1 to Ex. D3 were sufficient to disprove the case of complainant and consequently found the Respondent/Accused not guilty in respect of an offence under Sec. 138 of Negotiable Instrument Act, 1881 and acquitted him under Sec. 255(1) of Cr.P.C.,