E DHANUSKODI Vs. D SREEDHAR

JUDGEMENT

(1.) This Appeal is directed against the Judgment of acquittal passed in C.A.No.87 of 2011 on the file of the learned Additional District Judge, Fast Track Court No.III, Coimbatore dated 17.09.2011, reversing the Judgment of Conviction sentencing the respondent to undergo Simple Imprisonment of 1 year and fine Rs.5,000/- and in default to undergo 3 months imprisonment vide the order dated 01.04.2011 in C.C.No.191 of 2008.

(2.) The sum and substance of this Appeal as follows:

(3.) When the complainant/appellant demanded the above amount, the respondent issued a Cheque bearing No.245837 dated 20.02.2008 drawn on ING Viyasa Bank towards his liability. Accordingly as per respondent's instruction the cheque was presented for encashment. However, the cheque remained dishonored with an endorsement account closed. Thereupon a legal notice was issued to the respondent calling upon him to repay the amount. Even then as there was no payment made by the respondent, the above complaint in C.C.No.191 of 2008 came to be lodged by the appellant for an offence punishable under section 138 of N.I. Act.