SINCERE AGENCIES Vs. S ARUNACHALAM

JUDGEMENT

(1.) This appeal is filed as against the order of acquittal passed by the learned Judicial Magistrate No.III, Madurai.

(2.) It is the case of the de-facto complainant that the accused's son was working in their Firm. He was entrusted with the administration of the Firm. It is alleged that during his tenure, he has misappropriated the amount to the tune of Rs. 1,65,000/- [Rupees One Lakh and Sixty Five Thousand only]. Therefore, the de-facto complainant gave a police complaint on 23.12001. In the police station, the accused admitted the liability and issued two cheques drawn on Indian Oversees Bank, Karaikudi. When the above cheques were presented for encashment, the same were dishonoured for the reasons 'In- sufficient Funds'. Thereafter, the complainant issued legal notice dated 07.08.200 The accused, having received the legal notice, did not pay the amount. Hence, the complaint.

(3.) To substantiate his complaint, P.W.1 to P.W.3 were examined on the side of the complainant and Ex.P.1 to Ex.P.13 were marked. Based on the evidence and materials, the learned trial Judge acquitted the accused by holding that there is no legally enforceable debt and the cheques were obtained on coercion and threat. Aggrieved over the said order, the present appeal came to be filed.