S K MEENAKSHI SUNDARAM Vs. M S NAGARAJAN

JUDGEMENT

(1.) This Criminal Appeal is directed against the Judgment dated 08.04.2011 in C.A.No.139 of 2010 on the file of the learned Additional District and Sessions Court (Fast Track Court No.I), Salem, whereby acquitting the accused/Respondent herein by reversing the Judgment of conviction and sentence and also compensation dated 04.09.2010 made in C.C.No.120 of 2009 on the file of the learned Judicial Magistrate No.I, Salem.

(2.) I have heard Mr.N.Manokaran, learned counsel for the appellant and M/s.Zeenath Begum for Mr.V.Rajesh, learned counsel for the respondent and perused the materials available on record.

(3.) Succinctly stated, the appellant has filed private complaint against the respondent herein under Section 200 of Cr.P.C. r/w Sections 138 and 142 of Negotiable Instruments Act, stating that as many as 6 cheques dated 22.01.2009, 10.02.2009, 18.02.2009, 25.02.2009, 14.02.2009 and 05.03.2009 were issued by the respondent herein in discharge of sale consideration in respect of the property sold by the appellant under Ex-P12 Sale Deed in favour of the son of the respondent herein. When the cheques were presented for collection, two cheques were honoured and remaining four cheques Ex-P1 to Ex-P4 were returned by the banker with an endorsement "Payment stopped by the drawer" and "Exceeds arrangements" vide Exs-P5 to P8. Notice of demand under Ex-P9 dated 09.03.2009 was issued by the complaint to the respondent. Reply notice was given by the respondent to the complaint vide Ex-P13 dated 30.06.2009 disputing liability to pay. Hence, the complainant filed the above private complaint against the respondent with regard to the offence punishable under Section 138 of Negotiable Instrument Act.