D PETER FRANCIS Vs. S PETHIAH MANAGING TRUSTEE

JUDGEMENT

(1.) This Criminal Appeal is filed by the complainant against the order passed by the learned 23rd Metropolitan Magistrate, Saidapet, Chennai in CC.No.7099/98 dated 20.3.2002, acquitting the accused for the offence punishable under Section 138 of the Negotiable Instruments Act (herein after referred to as the Act).

(2.) According to the Appellant/complainant, there was an agreement of sale dated 31.1.1997 between the complainant and the Respondent/accused for 22 acres and 40 cents of lands situated in Thaiyur Village, Tiruporur Panchayat Taluk, Chengalput District and in pursuant to the said sale agreement, possession was given to the accused and three sale deeds were executed dated 13.6.1997 and one sale deed on 5.3.1997. The total amount to be paid as per the sale agreement was Rs.40 lakhs and Rs.26 lakhs was paid and for the balance of Rs.14 lakhs, three cheques dated 20.8.1998, 20.8.1998 and 25.8.1998 for Rs.1/- lakhs, Rs.1/- lakhs and Rs.2/- lakhs respectively were issued by the Respondent/accused S.Pethiah, the Proprietor of M/s.Sujitha Leathers for and on behalf of PSB.Educational Trust and when the same were presented on 20.8.1998 and 31.8.1998 respectively for encashment, they were dishonoured on the ground of "stop payment". Therefore, the Appellant had issued a notice through his counsel and the accused had sent a reply alleging that there is no liability. Hence, the complaint under Section 138 of the Negotiable Instruments Act had been filed.

(3.) After trial, considering the evidence on record and the arguments advanced on both sides, the Trial Court found the Respondent not guilty under Section 138 of the Act and accordingly, acquitted the Respondent. Aggrieved over the same, this Criminal Appeal is filed by the complainant.