SRI SASI FINANCIERS Vs. MANIMOZHI

JUDGEMENT

(1.) This is an appeal against acquittal.

(2.) For the sake of convenience, parties are entered as per the ranking before the trial Court. Private complainant/appellant preferred the private complaint in STC No.1071/2005 before the Judicial Magistrate No.7, Coimbatore under Section 138 of Negotiable Instruments Act and the same was allowed. Aggrieved against the order of conviction, the respondent herein preferred criminal appeal before the Additional District & Sessions Court, Coimbatore in C.A.No.29/2008 and the same was allowed. Consequently, the complaint was dismissed and the respondent was acquitted and hence the appeal.

(3.) The private complaint before the Judicial Magistrate in STC No.1071/2005 is based on the averment that on 01.09.2004, the respondent had borrowed Rs. 6,00,000/- from the private complainant/ Chit Fund and as a part performance of the repayment of the said amount, the respondent has given a cheque for Rs. 3,00,000/- on 09.02.2015 and another one cheque for Rs. 1,50,000/- dated 09.02.2015. On deposit, the same was dishonoured and after observing the formalities, private complaint was taken on file as S.C.No.1071/2005. On behalf of the private complainant, P.W.1 and P.W.2 were examined and Exs.P.1 to P.10 were marked.