P KAUSALYA Vs. JOVIAL LEATHERS

JUDGEMENT

(1.) This Criminal Appeal is filed by the Appellant/Complainant under Section 378(4) of Cr.P.C. as against the order of acquittal made in Crl.A.No.36 of 2001, dated 29.01.2002 on the file of the learned I Additional Sessions Judge Cum Chief Judicial Magistrate, Erode, reversing the order of conviction and sentence made in C.C.No.470 of 1998 dated 20.02.2001 on the file of the learned Judicial Magistrate No.I, Erode.

(2.) The appellant herein filed a Private complaint under Section 200 of Cr.P.C. against the revision petitioners/accused in C.C.No.470 of 1998 before the learned Judicial Magistrate No.I, Erode to punish the accused for the offence punishable under Section 138 r/w 142 of Negotiable Instruments Act (herein after referred as 'N.I. Act').

(3.) The following facts are necessary for the disposal of this appeal. The 2nd accused is one of the partners of the 1st accused firm and the 2nd accused is looking after the day to day affairs of the 1st accused firm. While so, on 05.01.1998 the 2nd accused borrowed a sum of Rs.1,00,000/- from the complainant to meet out the urgent business expenses of the 1st accused firm and for that a cheque dated 10.01.1998 drawn on Indian Bank, Erode South Branch was issued to the complainant. The said cheque was presented for collection in the complainant's bank namely Indian Overseas Bank, Erode and the same was returned on 23.06.1998 with an endorsement that 'Funds Insufficient'. Thereafter notice was issued by the complainant on 25.06.1998 through her Advocate to the accused and the same was received by the accused. The accused sent a reply to the complainant on 08.07.1998. Since the accused failed to pay the cheque amount, the above complaint was filed to punish the accused under Section 138 of N.I. Act.