EMIRATES FINANCE P LTD Vs. V HARIKRISHNAN

JUDGEMENT

(1.) THIS Criminal Appeal has been filed against the judgment of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai, made in CC No.411 of 1999 dated 8.5.2002 thereby acquitting the accused.

(2.) THE above said Calendar Case was taken on file by the learned XVIII Metropolitan Magistrate based on the compalint of the appellant herein preferred under Section 200 Cr.P.C. alleging that the respondent herein had committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1983.

(3.) THE respondent, who appeared before the trial court on receipt of process, pleaded not guilty and denied the allegations found in the complaint. During trial, three witnesses were examined and 10 documents were marked on the side of the appellant/complainant. When the incriminating part of the evidence adduced on the side of the complainant was pointed out and the respondent/accused was examined under Section 313 Cr.P.C., besides denying such incriminating evidence, the respondent has taken a specific stand that the cheque was not issued for the discharge of a legally recoverable debt. The learned Magistrate, after meticulously examining the evidence adduced in this case, came to the conclusion that the appellant/complainant failed to prove that the cheque was issued for the discharge of a legally recoverable debt or other liability and in line with the said finding, the learned Magistrate acquitted the respondent/accused by her judgment dated 8.4.2002. Challenging the correctness and the legality of the said judgment of acquittal, the present appeal has been preferred on the file of this Court.