VISANSI MANILAL PATEL Vs. MADURA VEERAN

JUDGEMENT

(1.) The complainants are the appellants. They are aggrieved by the judgment of the Additional Sessions Judge (Fast Tract Court No.2) Tirunelveli, Tirunelveli District in C.A.No.77 of 2005 dated 02.02.2006, reversing the conviction of the accused in C.C.No.269 of 2003, by judgement dated 25.02.2005 of the Judicial Magistrate, Tenkasi, Tirunelveli District. The complainants had initiated proceedings under Section 138 of Negotiable Instruments Act, against the accused with respect to a cheque issued by the accused dated 15.03.2003 for a portion of existing dues amounting to Rs.2,32,455/-. The said cheque was presented before the Bank and the same was returned on 20.03.2003. The amount in the written cheque was Rs.20,000/-. Thereafter, statutory notice was issued on 01.04.2003. This was received by the accused on 04.04.2003. Since the accused had not come forward to comply with the demand raised in the notice, a complaint has been filed before the learned Judicial Magistrate, Tenkasi. Two witnesses were examined on the side of the complainants. They have also marked eight documents including the returned cheque and also the notice issued prior to the filing of the complaint. The accused did not examine any witness on his side. During the cross examination of P.W.1, he had marked four documents as ExD1 to D4.

(2.) On consideration of oral and documentary evidence, the learned Judicial Magistrate, Tenkasi, who conducted the trial, convicted the accused. Challenging the said conviction, the accused had filed C.A.No.77 of 2005 before the Additional Sessions Court (Fast Track Court), Tirunelveli District. The learned Sessions Judge had found that P.W.1 had admitted that the disputed amt had actually been received on 31.03.2003.

(3.) In this connection, reliance was placed on the fact that during the cross examination, Ex.D.2 was marked, which is an extract of the ledger revealing that the amount under the cheque had been returned. Hence, the Additional Sessions Court had acquitted the accused.