T SAROJA Vs. M SASIKALA

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgment of acquittal passed by the learned Judicial Magistrate Court at Sathyamangalam, Erode District in C.C.No.684 of 2004, dated 22.10.2008 for the offence under Section 138 r/w 142 of Negotiable Instruments Act.

(2.) The appellant herein has filed a private complaint stating that the respondent herein borrowed a sum of Rs.25,000/- from her as hand loan on 01.09.2004 and issued a post dated cheque dated 01.10.2004. The said cheque was presented for encashment on 08.11.2004 and the same was returned on the same day with an endorsement "Payment stopped by the drawer". Therefore, the appellant issued a statutory notice dated 19.11.2004, calling upon the respondent herein to pay the amount due under the said cheque, within fifteen days from the date of receipt of the said notice. The respondent herein has received the said notice and sent a reply notice dated 23.11.2004 with false averments, but, she did not make payment. Hence, the appellant herein has filed a complaint to punish the respondent herein under Section 138 of the Negotiable Instruments Act. For the sake of convenience, the parties are referred to as described before the Trial Court.

(3.) Based on the said complaint, the Judicial Magistrate, Sathyamangalam, has taken the case on file in C.C.No.684/2004 and issued summons to the accused. On appearance of the accused, the accused was questioned with regard to the offence said to have been committed by her. The accused pleaded not guilty and therefore, the learned Judicial Magistrate has conducted the trial. During trial on the side of the complainant, the complainant examined herself as P.W.1 and marked P1 to P4 as Exhibits. The complainant's side evidence was closed with P.W.1. Thereafter, the accused was questioned under Section 313 of the Criminal Procedure Code with regard to the incriminating circumstances available in the evidence of the P.W.1. The accused denied the same as false and examined herself as D.W.1. She also examined two more witnesses as D.W.2 and D.W.3 and marked D1 to D12 as exhibits. After closing the evidence on the side of the defence, the learned Judicial Magistrate heard the arguments on both sides and acquitted the accused by the Judgment dated 22.10.2008. Aggrieved by the same, the complainant has filed the present appeal.