S. RAJAMANICKAM Vs. M. BALASUBRAMANIAN

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the order passed by the learned III Additional District-cum- Sessions Judge, Salem, in Crl.A.No. 42 of 2014, dated 31.03.2015 by which, the judgement and conviction made by the learned Judicial Magistrate-cum-Fast Track Court, Attur, dated 26.02.2014 made in S.T.C. No. 44 of 2012 had been reversed.

(2.) Heard Mr. S. Ambigapathi, learned counsel for the appellant and Mr. S. Vediappan, learned counsel for the respondent.

(3.) As per the case of the appellant, he had given a sum of Rs. 91,500/- to the respondent/accused on 10.10.2009 as a hand loan, for home expenses. In order to pay back the same, it is the case of the appellant that, the respondent had issued a cheque on 10.11.2009, drawn on State Bank of India, Veeraganoor Branch, dated 10.11.2009. The said cheque was presented on 17.11.2009 at the bank of the appellant and the same was returned for want of funds on 26.11.2009. Again the said cheque had been re-presented on 18.02.2010 and on 13.04.2010 and these times also, the cheque had been returned for want of funds.