R. THIAGARAJAN Vs. P. SARAVANAN

JUDGEMENT

(1.) The Appellant/Complainant has preferred the instant Criminal Appeal before this Court (as an 'Aggrieved Person') as against the judgment dated 05.10.2015 in S.T.C. No.310 of 2013 passed by the learned Judicial Magistrate (Fast Track Court), Tiruchengode.

(2.) It transpires that the Learned Judicial Magistrate (Fast Track Court), Tiruchengode while passing the impugned judgment on 05.10.2015 in S.T.C. No.310 of 2013 at paragraph No.9 had clearly observed that the case cheque was prior to the year 2008 as evident from Ex.D.5 to D.9 and also through evidence of D.W.2 and that apart, P.W.1 had admitted that he knew about the sale effected by the Respondent/Accused and his Father-in-Law as per Exs.D.3 and D.4 documents and if these were looked into in integral manner, then the version of the accused was acceptable one.

(3.) Also at paragraph No.10, the trial Court had opined that the version of the Appellant/Complainant was highly a doubtful one if a sum of Rs.40,000.00 drawn on 11.10.2013 was taken into account and besides these, the Appellant/Complainant had also not filed the income tax account before the trial Court, which was an adverse factor against him. Moreover, the Day Book and Ledger were not filed by D.W.3 and that was also held to be a factor which stands against the Appellant/Complainant. Ultimately, the trial Court had found that the Appellant/Complainant was not guilty in respect of the offence under Sec. 138 of the Negotiable Instrument Act and acquitted him under Sec. 255 (1) of Cr.P.C.