RAJA SAMPATHKUMAR Vs. ARUMUGAM

JUDGEMENT

(1.) This is a second appeal against the order of acquittal passed by the learned Additional District and Sessions Judge, Dharapuram in C.A.No.226 of 2007 dated 14.02.2008.

(2.) The respondents / accused are husband and wife working in Salem Government Press. On 010.2005, they have obtained a loan of Rs.1,55,000/- from the appellant / complainant and gave a cheque dated 31.10.2005 (Ex.P.1) for Rs.1,55,000/- drawn on Corporation Bank, Alagapuram Branch, Salem. When the appellant / complainant presented the said cheque on 011.2005, in his bank account with Laxmi Vilas Bank, the same got returned unpaid on 07.11.2005 as evidenced by the cheque return memo (Ex.P.3) and debit advice (Ex.P.4). The reason stated for the return was "account closed". Subsequently, a notice dated 18.11.2005 (Ex.P.5) was given by the appellant / complainant and the same was received by the respondents / accused on 21.11.2005, as evidenced by the postal acknowledgment card (Ex.P.6). The respondents / accused sent a reply notice dated 012005 (Ex.P.7) which according to the appellant / complainant contained false allegations. The further contention of the appellant / complainant is that the respondents / accused did not come forward to make good the payment and therefore, he filed a private complaint before the Judicial Magistrate, Kangayam, under Section 200 of the Code of Criminal Procedure, against the respondents / accused for the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881 in C.C.No.100 of 2006.

(3.) The respondents / accused contended that they had approached one Muthukumar of Erode for financial assistance to tide-over their financial needs and that the said Muthukumar took ten cheques from them promising that he would get the required finance from one M.L.Rathnasamy of Erode, the Financier through one Panchanathan. In the meanwhile, the respondents got transferred to Salem, and when they demanded the blank cheques given to the said Muthukumar back, the latter had stated that the ten cheques were handed over to the financier and that only on payment of some amount, the cheques can be taken back. However, the said Panchanathan filed a criminal case in C.C.No.96 of 2004, before the Judicial Magistrate,Kodumudi, against the respondents / accused using one of the cheques.