SWAMY Vs. NIZAMUDDIN

JUDGEMENT

(1.) This appeal is directed as against the judgment dated 01.08.2007 passed in C.A.No.153 of 2005 on the file of the Additional District and Sessions Judge, Fast Track Court, Vellore thereby reversing the judgment of the learned judicial Magistrate, No.IV, Vellore passed in C.C.No.350 of 2002 dated 26.08.2005 where in the accused has been convicted.

(2.) The case of the complainant is that the accused availed loan to the tune of 2,00,000/- on 05.04.2002 and undertake to pay interest at the rate of 24% per month. He also executed a promissory note to the said sum. The accused towards repayment of the part of the loan amount, has issued a cheque bearing No.957011 dated 11.09.2002 for a sum of Rs. 2,00,000/- drawn on Karur Vasya Bank, Dindivanam Branch. The cheque was presented on 109.2002 and it was returned dishonoured for the reason, " no sufficient funds" . Therefore, he caused statutory notice on 04.10.2002 and after receipt of the same, the accused sent a reply notice dated 04.10.2002 denying the averments and allegations made in the statutory notice. Therefore, the appellant filed the complaint.

(3.) The Trial Court after furnishing the copies to the accused, since the accused pleaded not guilty examined the witnesses, P.W.1 to P.W.3 and marked Ex.P.1 to Ex.P.10 and on the defendant's side, the respondent has marked Ex.D.1. The Trial Court, after considering the evidences and materials available on record convicted the accused for the offence under Section 138 of Negotiable Instruments Act and sentenced him to undergo one year rigorous imprisonment and also awarded to pay compensation of a sum of Rs. 2,00,000/- to be payable by the accused to the complainant under Section 357 of Sub-Clause 3 of Cr.P.C. As against the same, the accused preferred an appeal in C.A.No.153 of 2005 and the learned Additional District and Sessions Judge Fast Track Court, Vellore, after hearing the arguments on both sides reversed the judgment of the trial Court and aquitted the accused. As against the same, the present appeal has been preferred by the complainant.