A.R. CHELLAPPAN Vs. A.R.E. THIRUGNANAM

JUDGEMENT

(1.) The Appellant/Complainant has focused the present Criminal Appeal before this Court as against the Judgment of Acquittal dated 04.02.2016 in S.T.C.No.133 of 2015 passed by the Learned Judicial Magistrate, (Fast Track Court), Tiruchengode.

(2.) The trial Court, while passing the Judgment in S.T.C.No.133 of 2015 dated 04.02.2016, after analysing the available material on record, came to the resultant conclusion that the Appellant/ Complainant had not established that the case cheque was executed by the Respondent/Accused etc. and ultimately, found the Respondent/ Accused not guilty in respect of an offence under Section 138 of the Negotiable Instruments Act, 1881 and acquitted him under Section 255(1) Cr.P.C.

(3.) Questioning the Validity, Legality and Correctness of the Judgment of Acquittal dated 04.02.2016 in S.T.C.No.133 of 2015 passed by the Learned Judicial Magistrate, Fast Track Court, Tiruchengode, the Appellant/Complainant has filed the instant Appeal, by taking a prime plea that the execution of Ex.P1 Cheque was not denied and therefore, the burden is on the side of the Respondent/ Accused to rebut the presumption arising under Sections 118 and 139 of the Negotiable Instruments Act, 1881.