R. VENKATESAN Vs. SHAMSATH BEGAM

JUDGEMENT

(1.) This Criminal Appeal arises out of the judgement of acquittal by the Additional District and Sessions Judge, Krishnagiri in CA.No.38 of 2012, dtd. 14/8/2015, reversing the order of conviction passed by the Judicial Magistrate I, Krishnagiri, dated, 15/6/2012 in CC.No.389 of 2007.

(2.) The complainant in CC.No.389 is the Appellant herein. The said calender case had been preferred under Sec. 138 of the Negotiable Instruments Act, seeking an order of conviction against the accused, Shamsath Begam, the Respondent herein, for issuance of a cheque for Rs.2.00 lakhs, which had been returned as dishonoured.

(3.) Before the Trial Court, after framing necessary charges, the accused had denied the charges levelled against her and pleaded for acquittal. Before the Trial Court, the complainant had examined himself as PW.1 and also examined two other witnesses, viz. Sankaran as PW.2 and Rajan Sundaram as PW.3. He had also marked Ex.P1 to Ex.P5. These documents included the cheque bearing No.123483 as Ex.P1, the counter foil for deposit of the cheque as Ex.P2, the intimation from the Bank regarding dishonour of the cheque as Ex.P3, the advocate notice as Ex.P4 and the acknowledgement card as Ex.P5. On the side of the accused, three witnesses were examined. The accused examined herself as DW.1 and also examined two other independent witnesses, viz. Rajendran as DW.2 and Vijayalakshmi as DW.3.