VIJAYARAJ Vs. GITHEYON RAJ

JUDGEMENT

(1.) THIS appeal is directed against the order of acquittal in s. T. C. No. 2445 of 1991 of learned Judicial Magistrate, Padmanabhapuram. By the judgment dated 16. 04. 1992, 1st Respondent / Accused was convicted of the Charge under Sec. 138 Negotiable Instruments Act.

(2.) GIST of the Complaint. The Accused borrowed a sum of rs. 14,000/- from the Complainant on 14. 08. 1991 at Thakkalai, agreeing to repay the entire amount on 02. 09. 1991. When the Complainant demanded the amount on 02. 09. 1991, the Accused issued Ex. A. 1 - Cheque, bearing No. 522748 of the State bank of India, Kalkulam Branch for Rs. 14,000/ -. Ex. A. 1 - Cheque was presented for collection on the same day i. e. on 02. 09. 1991. The Cheque was returned unpaid for want of money with endorsement'fund insufficient'. On 09. 09. 1991, the Complainant issued Ex. A. 3 - Notice to the Accused. The same was received by the Accused on 24. 09. 1991. But the Accused did not pay the amount. Hence, the complaint.

(3.) COUNTERING the arguments, learned counsel for the 1st respondent / Accused submitted that when the Office of the Panchayat President was dissolved on 02. 03. 1991, the affixure of the seal of the Panchayat probablises the defence that the Cheque was issued on 02. 09. 1990. When there is a definite case of the Accused that Ex. A. 1 - Cheque was issued to discharge the debt of Peer Mohammed and the same was suppressed by the Complainant and when the complaint proceeds on the footing as if the Complainant had advanced the amount to the Accused, who had issued the Cheque, the Trial Court had rightly entertained the doubts regarding the issuance of Ex. A. 1 - Cheque and rightly dismissed the complaint and the findings do not suffer from any erroneous approach warranting interference.