A DHANASEKARAN Vs. P S SHIVAKUMAR

JUDGEMENT

(1.) This appeal is directed as against the order of acquittal dated 16.02.2007 made in C.C.No.238 of 2002 on the file of the Judicial Magistrate No.I, Gobichettaipalayam.

(2.) The case of the appellant/complainant is that the respondent borrowed a sum of Rs. 1,50,000/- from him on 10.0200 The respondent/accused issued a post dated cheque dated 10.02002 towards discharge the said amount. Further on 28.02002 again the respondent/accused borrowed another sum of Rs. 2,00,000/- and issued another post dated cheque dated 28.02002 towards discharge of the said sum. On instructions when these cheques were presented for collection before the Indian Overseas Bank, Modachre Branch. They were returned for the reason that the payment stopped by the respondent/accused, by letter dated 05.08.200 Therefore, the appellant/complainant filed the complaint to punish the accused under Section 138 of Negotiable Instruments Act.

(3.) The learned Judicial Magistrate, Coimbatore after taking cognizance against the accused in C.C.No.238 of 2002 and after furnishing the copies to the accused, since the accused pleaded not guilty, examined witnesses P.W.1 to P.W.4 and marked Ex.P.1 to Ex.P.8. After closure of the evidence on both sides, the incriminating evidence as against the accused, were put to him for questioning under Section 313 of Cr.P.C. The accused denied the same as "false" however, in order to prove his case, he did not examine any witness and mark any documents. The trial Court after considering the evidence and materials available on record, acquitted the accused for the offence under Section 138 of Negotiable Instruments Act. Aggrieved by the said judgment of acquittal, the present appeal has been filed by the appellant/complainant.