ABDUL HAMEED S/O ZACKARIYA Vs. JAYAPERUMAL

JUDGEMENT

(1.) Appeals against acquittal. The complainant is the appellant. Two private complaints have been filed by one Mr.Krishnan, Power of Attorney Holder of Abdul Hameed alleging that the respondent herein/accused, who is the Proprietor of Senkadu Exports and Imports, in the Month of April approached the complainant/appellant herein for financial assistance and borrowed a sum of Rs. 10,00,000/- and Rs. 3,00,000/- and to discharge the said liability, the accused had issued two cheques bearing Nos.293908 and 293910 dated 05.04.2000 drawn on Vijaya Bank Ltd., Mount Road Branch, Chennai, and when the said cheques were presented by the complainant to his Bankers viz., Union Bank of India, Egmore Branch, Chennai, on 16.04.2000 and on 25.04.2000 and again on 14.06.2000, the same were dishonoured on 17.06.2000 with an endorsement "Insufficient funds" and therefore, the complainant issued a legal notice on 27.06.2000 for payment of the cheque amount. The accused had received the said notice on 04.07.2000, but failed to make payment and hence, the two private complaints were filed by the complainant and the same were taken on file by the learned X Metropolitan Magistrate, Egmore, Chennai, in C.C.Nos.10754 and 10755 of 2000 and framed charge against the accused under Section 138 of the Negotiable Instruments Act.

(2.) Before the trial Court, on the side of the complainant in both the cases, three witnesses were examined as P.Ws.1 to 3 and on the side of the complainant in C.C.No.10754 of 2000, eight documents were marked as Exs.P.1 to P.8 and on the side of the complainant in C.C.No.10755 of 2000, eight documents were marked as Exs.P.1 to P.8. On the side of the accused in both the cases, five witnesses were examined as D.Ws.1 to 5 and no exhibits were marked in both the cases.

(3.) On consideration of both oral and documentary evidence, the trial Court found the accused guilty under Section 138 of the Negotiable Instruments Act in both the cases and sentenced the accused to undergo six months simple imprisonment for each cases and to pay a sum of Rs. 10,00,000/- in C.C.No.10754 of 2000 and Rs. 3,00,000/- in C.C.No.10755 of 2000 as compensation.