K.C. PERIYASAMY Vs. S. ANANDAN

JUDGEMENT

(1.) The Appellant/Complainant has focussed the instant Criminal Appeal before this Court as against the Judgment dtd. 17/3/2016 in S.T.C.No.80 of 2015 passed by the Learned Judicial Magistrate, Fast Track Court (Magisterial Level), Attur.

(2.) Although the Respondent was served with the notice, today, there is no appearance on his behalf either in person or through Learned Counsel, when the matter is taken up for hearing. Therefore, this Court proceeds with the hearing of the Criminal Appeal on merits.

(3.) The Learned Judicial Magistrate, Fast Track Court (Magisterial Level), Attur, while passing the impugned Judgment in S.T.C.No.80 of 2015 on 17/3/2016, at paragraph 10(c), had, inter alia, observed that '.. no endeavour was made on the side of the Appellant/Complainant to examine the aforesaid Palanisamy' and at paragraph 10(d) had opined that '.. when counter argument was projected to the effect that the present case was filed at the instance of one Palanisamy and when the first notice was sent in the name of Palanisamy, the possibilities of accepting the Accused side was more. Also, at paragraph 10(e), the trial Court had proceeded to observe that when a counter argument was advanced that loan was not obtained from the Complainant (Appellant) and that cheque was not issued in his favour and when the said loan amount was given to the Respondent/Accused to substantiate the fact that at that time his wife was there, no attempt was made to examine the wife of the Complainant and resultantly, came to the conclusion that there was no possibility of relationship between the Complainant and the Accused in regard to the aspect of legally enforceable debt and found the Accused (Respondent) not guilty under Sec. 138 of the Negotiable Instruments Act and acquitted him under Sec. 255(1) Cr.P.C.