SURESH NAKRA Vs. MURUGESAN ADIMOOLAM

JUDGEMENT

(1.) Complainant Suresh Nakra is the appellant. He initially filed a case under Section 138 of the Negotiable Instrument Act 1881 ("the NI Act") against Murugessan, the sole respondent. Suresh maintained that Murugessan issued a cheque for Rs.9,50,000/-, but did not honour it. The cheque was returned unpaid, initially, for want of funds and, later, because the account was blocked. Though Murugessan received a statutory notice under Section 138 of NI Act, he did not respond to it. Thus, Suresh filed CC No.3841/2015.

(2.) Before the trial Court, Suresh Nakra got himself examined as PW1 and marked seven documents. Those documents are (i) original covering letter dated 20th June 2013 (Exhibit 11), (ii) original cheque issued by accused (Exhibit 12), (iii) Bank written memos (Exhibit 13 and 14), (iv) office copy of legal demand notice (Exhibit 15), (v) Postal receipts (Exhibit 16), (vi) Acknowledgment card (Exhibit 17), (vii) Returned envelopes (Exhibit 18 to 21).

(3.) Murugessan pleaded not guilty. Besides cross examining PW1, he led no independent evidence. Eventually, the Trial Court dismissed the case through its judgment, dated 18th November 2017. The trial Court has held that Suresh has failed to establish the basic ingredients of Section 138 of NI Act against Murugessan. It has also found that the statutory burden cast on the accused under Section 139 of NI Act stood discharged effectively. Then aggrieved, Suresh has filed this criminal appeal.