R. NAGARAJA KUMAR Vs. T.S.EMMANUEL

JUDGEMENT

(1.) This Criminal Appeal has been filed against the order of acquital passed in C.C.No.9 of 2004 on the file of the District Munsif cum Judicial Magistrate, Eraniel,dtd. 22/4/2008.

(2.) The case of the appellant/complainant is that the respondent borrowed a sum of Rs.2,00,000.00 and inorder to discharge his liability he has issued four cheques each Rs.50,000.00 and the appellant presented the cheque in the bank for collection and the same were returned as " Insufficient Funds ". Thereafter he issued statutory notice, after the receipt of the same the respondent failed to pay the amount. Thereafter he filed the complaint before the Magistrate Court under Sec. 200 Cr.P.C for the offence under Sec. 138 of the Negotiable Instrument Act. After taking cognizance of the complaint and completing the procedural formalities and inorder to prove the case of the complaint,two witnesses were examined and ten documents were marked.

(3.) After completion of complainant side evidence when the incriminating materials culled out and put before the accused he denied the same as false and also on the side of the accused two witnesses were examined and no document was marked. After completing the enquiry and also oral and documentary evidence, the learned Magistrate found the accused has not committed the offence, therefore the accused was acquitted, against which the complainant filed appeal before this Court against the judgment of acquital.