Raveendran v. Thangabai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:01.03.2024

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN CRL.A(MD) No.326 of 2010 Raveendran ... Appellant -vsThangabai ... Respondent PRAYER : Criminal Appeal is filed under Section 378(4) of the Code of Criminal Procedure praying this Court to set aside the judgement and order of acquittal passed by the learned Judicial Magistrate No.2, Trichy in S.T.C.No.892 of 2007, dated 19.07.2010 acquitting the respondent for the offences under Section 138 of Negotiable Instruments Act. For Appellant :

No appearance

JUDGMENT

No representation for the appellant, though the matter was listed in advance on 19.02.2024 and taken up for hearing today. 1/4

2. The appeal against the acquittal was preferred by the complainant who initiated a private complaint under Section 138 of NI Act alleging that the accused borrowed a sum of Rs.1,00,000/- as loan and her husband borrowed Rs.5,00,000/- as loan on 20.04.2004, but failed to repay the loan amount. The accused after repeated demand gave a cheque for Rs.1,00,000/- on 01.03.2007. However, it was presented for collection and was bounced without funds. After exchange of notice, complaint was filed.

3. To prove the complaint, the complainant was examined as P.W1. The subject cheque, memo and statutory notice and reply were marked as Ex.P1 to Ex.P5. In defence, the husband of the accused and two others were examined as witnesses and three exhibits were marked.

4. The trial Court has dismissed the complaint for want of proof that the cheque was issued to discharge the liability. The defence document and evidence let in to rebut the presumption, was accepted as a probable defence having discharged the reverse burden by the accused and the failure of the complainant to prove the fundamental fact of liability, has led to dismissal of the complaint.

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5. On perusing the grounds of appeal, this Court finds no substantial point to interfere the findings of the trial Court. Hence, this Criminal Appeal is dismissed.

01.03.2024 NCS : Yes/No Index : Yes / No Internet : Yes / No cp To:

1.The udicial Magistrate No.II, Trichy.

2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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DR.G.JAYACHANDRAN,J.

cp JUDGMENT MADE IN CRL.A(MD) No.326 of 2010 01.03.2024 4/4