G.S. GUNASEKAR Vs. VINAYAGA TRADING COMPANY

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioner/Appellant and the Learned Counsel for the Respondents.

(2.) The Petitioner/Appellant/Complainant has filed the instant Criminal Appeal in Sr.No.50519 of 2016 as against the Judgment of the Learned Judicial Magistrate No.I, Udumalaipet in C.C.No.13 of 2008.

(3.) The trial Court, while passing the impugned Judgment of Acquittal in C.C.No.13 of 2008, on 27.09.2016, at paragraph 22, had, inter alia, observed that '... the Complainant, in the evidence adduced to the effect that in between him and the Accused there was no business transaction, had admitted that the signature in invoices and receipts given to the Respondent/Accused through Aditya Agro Services belonged to him' and therefore, it concluded that already there was a business connection between the Respondents/Accused and the Complainant and this fact was suppressed and that the Complainant had given a false evidence. Finally, the trial Court came to the consequent conclusion that the charge levelled against the Respondents/Accused in respect of an offence under Sec. 138 of Negotiable Instruments Act was not proved on the side of the Appellant/Complainant beyond reasonable doubt and acquitted them under Sec. 255(1) Cr.P.C.