P DHANAM Vs. G ARJUNAN

JUDGEMENT

(1.) The Revision has been filed to set aside the order of acquittal dated 27.09.2013 made in C.A.No.19 of 2012 on the file of the learned II Additional Sessions Judge, Salem reversing the judgment dated 02.02.2012 made in STC No.737 of 2009 on the file of the Judicial Magistrate No.I, Sankari.

(2.) The case of the appellant is that the respondent borrowed a sum of Rs. 2,96,000/- for the management of Amala Matriculation School on 23.03.2008, a sum of Rs. 2 lakhs on 23.04.2008, a sum of Rs. 3,50,000/- on 30.05.2008, a sum of Rs. 2,54,000/- on 006.2008, a sum of Rs. 1,00,000/- on 07.06.2008 and further sum of Rs. 3,00,000/- on 09.06.2008, totally a sum of Rs. 15 lakhs on the said dates and agreed to repay the said amount within 3 months. When the appellant approached the respondent and demanded the said sum on 109.2008, the respondent issued a post dated cheque dated 112008 of Indian Overseas Bank, Trichengode Branch bearing cheque No.602402 for a sum of Rs. 15 lakhs. When the appellant presented the said cheque for collection on 24.12008 in his bank account (i.e.,) Lakshmi Vilas Bank, the said cheque was returned with an endorsement insufficient fund on 27.12008. Hence, the appellant issued a legal notice on 09.01.2009 and the said notice was received by the respondent on 15.09.2009. After receiving the notice, the respondent neither sent a reply nor repaid the amount mentioned in the notice. Thereafter, the appellant filed a complaint before the jurisdictional Magistrate for the offence under Section 138 of Negotiable Instruments Act. The learned Magistrate, after completing the legal formalities and after enquiry, found the respondent guilty under Section 138 of Negotiable Instruments Act and sentenced him to undergo simple imprisonment for a period of one year.

(3.) Aggrieved against the order of conviction, the respondent/accused filed criminal appeal before the Sessions Judge, Salem in turn made over the case to II Additional Sessions Judge, Salem in C.A.No.19/2012. After hearing the arguments on either side and perusing the materials placed before the appellate Court, the learned Additional Sessions Judge, set aside the judgment of conviction passed by the learned Magistrate and acquitted the respondent.