ARUL MARI JOSEPH Vs. EDWARD RAJ

JUDGEMENT

(1.) This Criminal Appeal has been filed at the instance of the complainant against the judgment passed by the learned III Additional District and Sessions Judge, Cuddalore at Vridhachalam, dated 17.04.2014, in C.A.No.37 of 2012, acquitting the accused for the offences under section 138 of the Negotiable Instruments Act, 1881, reversing the conviction and sentence passed by the learned District Munsif-cum-Judicial Magistrate, Neyveli, by judgment dated 06.08.2012 made in S.T.C.No.1018 of 2009.

(2.) The case of the appellant/complainant is that the accused borrowed a sum of Rs. 3,50,000.00 from the complainant to meet out his family expenses and issued a cheque dated 20.08.2009. When the said cheque was presented for collection in State Bank of India, Neyveli Branch, the same was returned with an endorsement "insufficient funds". The complainant issued a legal notice. But, the accused has neither repaid the amount nor replied.

(3.) The trial Court, after analysing the evidence, convicted the accused for the offence under section 138 of Negotiable Instruments Act, 1881 and the same was challenged before the first appellate Court and the appellate Court reversed the order of the trial Court, by acquitting the accused. Aggrieved with the same, the complainant has come forward with this Criminal Appeal.