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C. Anand vs R. Muthuswamy
2025 Latest Caselaw 6120 Mad

Citation : 2025 Latest Caselaw 6120 Mad
Judgement Date : 17 April, 2025

Madras High Court

C. Anand vs R. Muthuswamy on 17 April, 2025

Author: Sathi Kumar Sukumara Kurup
Bench: Sathi Kumar Sukumara Kurup
                                                                                           Crl.A.No.371 of 2015

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   Dated : 17.04.2025

                                                             CORAM :

                    THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                             Criminal Appeal No. 371 of 2015
                                                           ---

                  C. Anand                                                                 .. Appellant

                                                               Versus

                  R. Muthuswamy                                                            .. Respondent

                        Criminal Appeal filed under Section 378 of Cr.P.C against the order of
                  acquittal passed by the learned Judicial Magistrate-I, Salem in C.C.No.222 of
                  2012, dated 22.04.2015.

                  For Appellant                          :        Mr. R. Suryaprakash

                  For Respondent                         :        Mr. M. Karthik
                                                                  for Mr. I.C. Vasudevan

                                                          JUDGMENT

This Criminal Appeal had been filed against the Judgment of acquittal

passed by the learned Judicial Magistrate-I, Salem, in C.C. No. 222 of 2012,

dated 22.04.2015.

2. The brief facts, which are necessary for the disposal of this

Criminal Appeal, are as follows:-

2.1. The Appellant herein had filed C.C. No. 222 of 2012 before the

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learned Judicial Magistrate No.I, Salem contending that he knew the Accused

/Respondent herein for the past 10 years. According to the

Appellant/Complainant, having regard to such proximity of their relationship,

the Accused requested the Appellant/Complainant to pay Rs.3,00,000/- to meet

his urgent family and business needs. On the basis of such request, the

Appellant had paid a sum of Rs.3,00,000/- to the Respondent/Accused on

28.07.2012. On receipt of the amount, the Accused issued the Cheque No.

0240730 dated 28.09.2012 for Rs.3,00,000/- drawn on Lakshmi Vilas Bank,

Salem in favour of the Complainant. When the said cheque was presented by

the Appellant with his Bankers Urban Bank, Ammapet Branch on 05.10.2012.

On 11.10.2012 the cheque was returned along with a memo indicating that the

cheque was issued from an “NPA Account”. Therefore, on 15.10.2012, the

Appellant sent a notice to the Respondent calling upon him to pay the cheque

amount. The notice was sent to the Respondent/Accused to his office address

as well as residential address. While the notice dated 26.10.2012 sent to the

office address of the Accused was returned unserved, the notice sent to his

residential address was received. However, the Accused has not sent any reply,

hence, the complaint was filed by the Complainant/Appellant herein.

2.2. The complaint filed by the Appellant was taken cognizance on

21.12.2012 and summons were sent to the Respondent/Accused. When the

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Accused appeared before the Court of the learned Judicial Magistrate No.I,

Salem, copies of the documents filed by the Complainant have been furnished

to him at free of costs. When the Accused was questioned about the

incriminating evidences appearing against him, he denied the same. Therefore,

trial was ordered. During the trial, the Appellant/Complainant examined

himself as P.W-1 and marked Ex.P-1 to Ex.P-5. When the Accused was

questioned under Section 313 (1) of the Code of Criminal Procedure, the

Accused had stated that a false case had been foisted against him. The

Accused, on his side, examined the Assistant Manager of Lakshmi Vilas Bank,

Salem as D.W-1 and marked two documents as Ex. D-1 and Ex. D-2.

2.3. The trial Court, on considering the oral and documentary

evidence, concluded that the cheque in question was tendered by the Accused

in the year 2000 to one Mr. Nataraj for security purpose and it was the subject

matter of C.C. No. 221 and 222 of 2012. It was also concluded that the above

cheques have been tendered in blank. When the Accused herein settled the

debt incurred against Mr. Nataraj and asked for the cheque to be returned, the

said Nataraj had informed him that the cheque had been lost. However, the

said Natarajan has tendered the cheque of the Accused to the Complainant

herein to institute the present complaint. Further, D.W-1, Manager of the Bank

had deposed that the subject matter of the cheque was issued ten years before

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containing the cheque leaves bearing 0240726 to 0240750 and one of the

cheques contained in the said cheque book was presented for clearance after

ten years by the Complainant. D.W-1 also deposed that except two cheques,

which are the subject matter of C.C. Nos. 221 and 222 of 2012, the other

cheques have been passed for payment ten years ago. Further, it was stated

that the cheque in question was a non-MICR Cheque which are not in use now.

Having regard to the above deposition of D.W-1, the trial Court concluded that

the cheque in question was not issued for a legally enforceable debt and

liability and the cheque was issued ten years before to one Natarajan, brother of

the Complainant. The Complainant also failed to state as to how the sum of

Rs.3,00,000/- was paid to the Accused on 22.07.2012, either by cash or cheque.

In the absence of the same, the preponderance of probability had to be proved

only by the Complainant, which he had failed to prove. Accordingly, the trial

Court held that the Complainant failed to prove that the cheque in question was

issued by the Accused for a legally enforceable debt/liability and dismissed the

complaint filed by the Complainant by acquitting the Respondent/Accused for

the offence under Section 138 of The Negotiable Instruments Act, 1881.

2.4. Aggrieved by the judgment of acquittal recorded by the learned

Judicial Magistrate No.I, Salem, the Complainant had filed this Criminal

Appeal.

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3. The learned Counsel for the Appellant submitted that the cheque

issued by the Respondent was returned on the ground that signature and other

particulars in the cheque differs. The Appellant herein, therefore, issued notice

regarding the same to the Accused to his residential address as well as his

official address. The statutory notice sent through registered post to the

residential address was received by the Respondent/Accused, but he had not

chosen to send any reply. After waiting for the response of the Accused, the

Complainant had preferred the private complaint. However, the trial Court

acquitted the Accused on the ground that the cheque was a non-MICR cheque

issued ten years before. It is the submission of the learned Counsel for the

Complainant/Appellant that both MICR and Non-MICR cheques are accepted

by the Banks. In any event, when the Accused had not replied to the statutory

notice, he was precluded from making defence in the complaint. Further, the

Accused is not entitled to contend that the Complainant does not have the

resources to advance Rs.3,00,000/-. When the complainant had proved that the

cheque was issued for a legally enforceable debt and liability by issuing the

statutory notice, the trial Court ought not to have dismissed the complaint.

4. Per contra, it is the contention of the learned Counsel for the

Respondent/Accused that the Complainant does not have the resources to

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advance such a huge amount of Rs.3,00,000/- to the Accused. The Accused

examined D.W-1 to prove that the cheque was issued 10 years before. Further,

it was demonstrated that the cheque was issued to the brother of the

Complainant by name Natarajan for security purpose which was entrusted to

the Complainant, who had filled up the cheque and presented it. On the date of

presenting the cheque, the cheque was not accepted by the Bank as it is not a

MICR cheque.

5. The learned Counsel for the Respondent invited the attention of

this Court to the discussion of evidence by the learned Judicial Magistrate,

which is as follows:

11) ,U jug;g[ thj’;fisa[k.; Mtz’f; isa[k;

gupnrhjpj;jjpy; ,Ue;J g[fhu;jhuu; jug;gpy; jhf;fy; bra;ag;gl;Ls;s 1 Kjy; 5 tiuapyhd Mtz’f; s; gpupt[ 138d; fPHhd vjpup kPjhd Fw;wj;ij epUPgpf;f mog;gilahf mDkhdpf;fg;gLfpwJ/ Mdhy;. ,t;tHf;fpy;. Vjpup jug;gpy; bra;ag;gl;l FWf;F tprhuizapd; nghJ.

xU fhnrhiy vt;thW g{u;j;jp bra;ag;gl ntz;Lk; vd;w tpguk; vdf;F bjupa[k;/ mt;thW fhnrhiy g{u;j;jp bra;ag;gLk; bghGJ moj;jy;. jpUj;jy; tuf;TlhJ vd;w tpguk; vdf;F bjupa[k;/ mt;thW moj;jy;. jpUj;jy; te;jhy; fhnrhiy bfhLf;Fk; eguhy; ifbaGj;jpl ntz;Lk;/ vd;Dila Mz;L tUkhdk; UP 1.50.000 ,Uf;Fk;/

“,e;j tHf;fpd; flid tUkhd tupapy; fhl;o cs;nsdh vd;why; fhl;ltpy;iy/ ,e;j tHf;fpd; fld; cs;s Mz;il ehd; tUkhd tup jhf;fy; bra;atpy;iy

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ehd; ve;j tUlk; tiu filrpahf tUkhd tup jhf;fy;

bra;Js;nsd; vd;why; 2008. 2009 tiu jhd; ,Uf;Fk;/ mjd;

gpwF tUkhdk; rupahf tuhjjhy; fhl;lg;gltpy;iy vd;why; tut[f;Fk; bryt[f;Fk; rupahf cs;sJ/ M.I.C.R brf; Non M.I.C.R brf; t’;fpahy; khw;wg;gl;l tpguk; vdf;F bjupa[k;/ ve;e tUlk; M.I.C.R cgnahfj;jpw;F te;jJ vd;W vdf;F bjupahJ/ xU fhnrhiyia ghu;j;jhy;

M.I.C.R brf; Non M.I.C.R brf; vd;W vd;dhy; brhy;y Koa[k; vjpupahy; tH’f; g;gl;l fhnrhiy Non M.I.C.R MFk;/ 2012 k; Mz;ow;F Kd;ng epWj;jg;gl;Ls;sJ vd;w tpguk; vdf;F bjupa[kh vd;why; bjupahJ vd;W Twpa[s;shu;/ nkw;go vjpup jug;gpy; jhf;fy; bra;ag;gl;Ls;s Subramani vs. Damodra Naidu vd;w cr;rePjpkd;w jPu;g;gpYk;.

2008 Crl. LJ 3353 Binod Kumar Lali V State of

Jharkhand and Anr., vd;w cr;rePjpkd;w jPu;g;gpYk;. fPH;fz;lthW

Fwpg;gplg;gl;Ls;sJ/ “Whether the petitioner complainant was competent to advance Rs.2,35,000/- by way of loan to the opposite party at length in which he found that the petitioner – complainant having no regular source of income nor any business, was not in a position to advance such a huge amount of loan”.

6. The learned Counsel for the Respondent further submitted that the

cheque alleged to have been issued by the Accused was non-MICR cheque.

The transaction under non-MICR cheque was stopped before 2012, for which

the Accused had examined D.W-1, Assistant Manager of the Bank. Also, the

learned Counsel for the Respondent/Accused suggested that the Complainant

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does not have the wherewithal to extend the loan for Rs.3,00,000/-. In the

cross-examination of P.W-1, he had stated that he had submitted income tax

returns upto 2009. When he asked as to why he had not submitted the tax

returns after 2009, he said that the income received during the subsequent years

were almost equal to the expenses. He also deposed that the income that he get

was hardly sufficient to meet his requirements. Therefore, he did not have

sufficient income for declaring income tax. Thus, it is clear that the

Complainant could not pay income tax for want of profits or income in the

business. While so, it is too hard to accept that the Complainant paid

Rs.3,00,000/- as loan to the Accused during July, 2012. In this context, the

learned Counsel for the Respondent/Accused relied on the ruling of the Hon'ble

Supreme Court in 2008 Cri. L. J. 3353 in the case of Binod Kumar Lal vs.

State of Jharkhand and another, wherein it has been observed as follows:-

“whether the petitioner Complainant was competent to advance Rs.2,35,000/- by way of loan with the opposite party at length in which he found that the fetish of Complainant having no regular source of income nor any business was not in a position to advance such a huge amount of loan.”

7. The learned Counsel for the Respondent therefore submitted that

the learned Judicial Magistrate-I had arrived at a right conclusion that the

Complainant did not have sufficient means to extend the loan and he was not

able to prove the claim made in the complaint. Therefore, the complaint was

rightly dismissed by the trial Court and the Respondent/Accused was acquitted

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from the charge under Section 138 of Negotiable Instruments Act, 1881. The

learned Counsel for the defence/Accused also relied on the ruling 2010 Crl LJ

1265(AP) in the case of D. Atchyutha Reddy vs. The State Of Andhra

Pradesh, wherein it was held as follows:-

“The N.I Act contains provisions raising presumptions as regards the negotiable Instrument under Section 118(a) of the Act as also under Section 139 thereof. The said presumptions are rebuttable. Whether the presumption rebutted or not would depend upon the facts and circumstances of each case. The Supreme Court clearly lad down in catena of decisions that the standard of proof in discharge that the standard of proof in discharge of the burden in terms of Sections 118 and 139 of Negotiable Instruments At being the preponderance of a probability, the inference thereof can be drawn not only from the material brought on record but also from the reference to the circumstances upon which the Accused relief upon. The burden to rebut the presumptions on the Accused is not an high as that of the prosecution”.

8. Thus, based on tho above ruling, which was also relied on by the

trial Court, it was concluded that on 22.07.2012 the Complainant did not have

Rs.3,00,000/- with him to advance loan to the Accused. And also the

Complainant failed to prove that the Accused had given a cheque on

28.09.2012 towards repayment. The cheque in question was not at all in

operation at the relevant point of time as it was a non-MICR cheque. Therefore

the claim of the Complainant was found not acceptable. The cheque was issued

10 years back which had been pressed into service by the Complainant. While

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so, it is for the Complainant to explain under what circumstances the cheque

reached his hands. Therefore, to disprove the defence of the Accused, the

Complainant was unable to establish his case. Under those circumstances, the

learned Judicial Magistrate-I, Salem had rejected the claim of the Complainant.

The judgment of the learned Judicial Magistrate-I, Salem, is a well reasoned

judgment and does not warrant any interference by this court.

9. The learned Counsel for the Respondent further Submitted that if

actually the Respondent had issued the cheque, the Complainant would have

obtained endorsement regarding material alteration from the Accused, but he

had not done so. Therefore, adverse inference had to be drawn against the

Complainant. For this purpose, the learned Counsel for the Respondent relied

on the judgment in Crl.R.C.No.891 of 2004, dated 31.03.2015 by Justice.

M.Satyanarayan in the case of T. Kalavathy vs. Veera Exports by Rajendran.

10. By pointing out the above decision, the learned Counsel for the

Respondent submits that this Criminal Appeal has no merits and it has to be

dismissed.

Point for consideration:

Whether the Judgment of acquittal dated 22.04.2015

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recorded in C.C.No.222 of 2012 against the Accused by the

learned Judicial Magistrate-I, Salem, is to be set aside as

perverse?

11. Heard Thiru.R.Suryaprakash, learned Counsel for the Appellant as

well as Thiru.M.Karthik for M/s.I.C.Vasudevan learned Counsel for the

Respondent. Perused the material records placed, including the Judgment

dated 22.04.2015 of the trial court.

12. The claim of the Complainant in the complaint is that the cheque

was returned as NPA (“Non-Performing Assets”) cheque. The Accused

knowing fully well that his Bank account is under NPA (“Non-Performing

Assets”) had issued the cheque thereby committed fraud on the Complainant.

13. In the cross examination of P.W-1, the attempt of the learned

Counsel for the defence/Accused was to elicit that the Complainant did not

have the wherewithal to extend the loan for Rs.3,00,000/-. The learned Judicial

Magistrate-I, Salem had relied on the reported ruling cited by the learned

Counsel for the Accused that the Complainant has to establish that he had the

resources to pay the loan amount to the Accused. In this case, the cheque was

issued by the Accused in blank. The Bank to which the cheque was presented

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had not returned the cheque as “insufficient funds” but it has made an

endorsement stating as “NPA (“Non-Performing Assets”) account. This shows

that the account was inoperative and the cheque issued by the Accused was

from such an account. Therefore, the Complainant had clearly stated that

knowing fully well that it is NPA (“Non-Performing Assets”) account the

Accused had issued a cheque towards repayment of the amount and thereby

committed the offence under Section 138 of The Negotiable Instruments Act,

1881.

14. The defence of the Accused is that he had issued the cheque to

one Natarajan and it is for the Complainant to explain how it reached him. The

said Natarajan is a cousin of the Complainant. If what had been stated in the

defence of the Accused is true, he should have either summoned the said

Natarajan. Even if Natarajan had not appeared before the Court, the Court can

draw adverse inference against Natarajan, but it was not done. Above all,

statutory notice was given by the Complainant for which no reply was issued

by the Respondent/Accused. The Court has to draw adverse inference against

conduct of the Accused in evading statutory notice or in not denying a

signature in the cheque. His only defence is that the cheque was not at all in

circulation in the Bank as it is an non-MICR Cheque, issued a decade before.

The Accused also examined the Assistant Manager of Lakshmi Villas Bank as

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D.W-1. D.W-1 had let in evidence. In the cross examination, D.W-1 had

admitted that both MICR cheque as well as non- MICR cheque are honored by

the Bank, if there are sufficient amount in the account of the depositor/account

holder. Also he admitted that in the year 2002, the account of the Accused was

declared as “Non-Performing Asset” account. Therefore, the Complainant had

in his complaint clearly stated that at the time of issuing of the cheque, the

Accused was aware that the account is not operative and it was classified as a

“Non Performing Asset” account. The learned trial Judge failed to consider

these aspects. Instead he had taken a different defence that the Complainant did

not have sufficient means to extend the loan. If what had been claimed by him

is true, he should have examined or summoned Natarajan. It is for the Accused

to explain how a cheque signed by him reached the hands of the Complainant.

The fact that the Accused did not issue reply to the statutory notice itself gives

a presumption against the Accused under Section 114 of the Indian Evidence

Act.

15. After summon was served on the Accused, the Accused appeared

before the Court and contested the claim wherein he had confused the Court by

using technical defence that the cheque is non-MICR cheque and there was

overwriting in the cheque which was not endorsed by the Accused. D.W-1

Assistant Manager, Lakshmi Vilas Bank in his cross examination had clearly

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admitted that the cheque was not returned on the ground that there are

overwriting or the signature is disputed but it was returned only on the ground

that the account was classified as Non-Performing Asset account which means

there is no sufficient funds. Also in the cross examination, D.W-1 admitted that

the Bank had filed civil case for the liability of the Accused towards the Bank.

Under those circumstances, it is to be presumed that the Accused is in the habit

of availing loan and he is a chronic defaulter. Therefore, that much of evidence

is available against the Accused during the trial. The fact that the Accused was

able to probabilize the defence is not correct. The cross examination of D.W-1

indicates that the Accused is a regular defaulter and in the habit of availing

loan. The Assistant Manager of the Bank had deposed evidence as D.W-1

stated that the Bank honors the cheque irrespective of MICR or non-MICR, if

there are sufficient funds.

16. Here in this case the cheque in question was not returned for the

reason there is overwriting, but it was returned only as NPA account indicating

inoperative account. Therefore, the claim made by the Complainant in the

complaint had been proved. The Assistant Manager of the Bank had in his

cross examination, clearly admitted the suggestion of the learned Counsel for

the Complainant that irrespective of MICR or non-MICR, if there are sufficient

funds, the Bank honors. To the pointed question, what happened to the rest of

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the cheques, when the account was declared as Non-Performing Asset account,

the Assistant Manager of the Bank claims ignorance. It is not known whether

they had demanded the account holder to surrender those cheques. Therefore,

through the materials available before the trial Court, the Accused himself had

not entered the witness box to let in rebuttal evidence. Therefore, the

presumption under Sections 118 and 139 of the Negotiable Instruments Act,

1881, is against the Accused, when he had not at all denied the signature in the

cheque. The finding of the learned Judicial Magistrate-I is found to have been

carried away by the argument skill of the Counsel for the Accused before the

trial Court.

17. The learned Counsel for the Accused relied on reported decisions

which are not applicable to the fact of this case. The Accused had received the

statutory notice but not questioned the wherewithal of the Complainant. When

the Accused had not denied signature in the cheque, the presumption always is

in favor of the Complainant and against the Accused. The Complainant had

clearly stated that the cheque was returned as NPA account. Therefore, the

Complainant had stated in the complaint that knowing fully well that the Bank

account of the Accused was NPA account, he had issued cheque. That itself

attracts section 138 of Negotiable Instruments Act, 1881. The presumptions

under Sections 118 and 139 of the Negotiable Instruments Act, 1881, are

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against Accused. Added to that, he had evaded the statutory notice. When the

Complainant was cross-examined as P.W-1, the learned Counsel for the

Accused had confused the Court by putting up questions which are not

relevant to the facts and issue in this case and placing reliance on rulings which

are not applicable to the facts of this case. After having availed the loan

instead of repaying the loan, the conduct of the Accused that the Complainant

does not have the wherewithal to extend such loan and the Accused had not at

all borrowed money from the Complainant, is not proper. He had not entered

the witness box. After having availed the loan and having committed default,

the conduct of the Accused teasing the Complainant as he does not have the

resources to extend loan cannot at all be accepted by a Court of law. The

Accused cannot be permitted to raise such defense when he had not denied the

signature in the cheque. When he had admitted that he had issued cheque in

question but not to the Complainant but to a different person, it is found to be

an evasive denial which does not have evidentiary value before the Court of

law.

18. The preponderance of probabilities theory invoked in this case is

not helpful to the Accused. If the Accused had entered the witness box and let

in evidence to disprove the claim of the Complainant, then it can be stated that

the Accused was successful in establishing Preponderance of probabilities of

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the case. Here, the attempt of the Accused to examine the Assistant Manager

of the Lakshmi Vilas Bank as D.W-1 to prove that the cheque book containing

the cheque in question in this case was issued to the Accused during 2000-2001

which was pressed into service by the Complainant when actually non-MICR

cheques were not in circulation was futile as per the answers in cross

examination by D.W-1. The Manager is competent to speak about the

operations of the Bank, he had clearly stated irrespective of MICR or non-

MICR when the account holder has sufficient amount in the Bank, the Bank is

ready to honor the cheque. The Assistant Manager D.W-1 was not able to

specify in clear terms after the account of the Accused was declared as NPA

account, whether the Accused was directed to surrender the unused cheques, he

was unable to answer. Also, he had admitted in cross examination that since

the account is declared as NPA account the Bank had filed civil suit for

recovery of the amount from the Accused. But, he was unable to give

particulars when it is Non Performing Assets naturally Bank will proceed with

recovery proceedings. Therefore, the attempt of the Accused to disprove the

case of the Complainant had boomeranged on the Accused. Instead of

supporting the case of the Accused, the cross examination of the learned

Counsel for the Complainant and the answers given by the Assistant Manager

of the Bank as D.W-1 was in favor of the Complainant's case. Regarding the

conduct of the Accused in issuing a cheque which was given as non-MICR

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cheque book 10 years back and also in the year 2002, the Bank account was

declared as Non-Performing Assets account and recovery proceedings had

been initiated against Accused.

19. Under those circumstances, the learned Judicial Magistrate-I,

Salem, rejecting the complaint and acquitting the Accused is perverse. When

the materials available are in favour of the Complainant and Accused had not

denied the issuance of cheque, then the presumption under Sections 118 and

139 of the Negotiable Instruments Act, 1881, is against the Accused and in

favour of the Complainant. The Complainant had issued statutory notice stating

clearly that the cheque was returned as NPA account. Therefore, the

Complainant had proved his case before the trial Court. The discussion of

evidence in paragraphs 11 to 13 is found perverse and the same is set aside.

The Complainant had proved the case against the Accused.

20. In the light of the above discussion, the point for consideration is

answered in favour of the Appellant/Complainant and against the Respondent

/Accused. The judgment of the learned Judicial Magistrate-I, Salem in

C.C.No.222 of 2012, dated 22.04.2015 is found perverse warranting

interference by this Court, exercising the power of the Appellate Court under

Section 374 of the Code of Criminal Procedure, 1973.

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In the result, this Criminal Appeal is allowed. The Judgment of

acquittal recorded by the learned Judicial Magistrate-I, Salem in C.C.No.222 of

2012, dated 22.04.2015 is set aside. The Accused is convicted for the offence

under Section 138 of Negotiable Instruments Act and he is sentence to undergo

imprisonment of one year and to pay compensation under Section 357 of the

Code of Criminal Procedure, 1973 of Rs.3,00,000/- ( Rupees three lakhs

only).

The learned Judicial Magistrate-I, Salem shall issue warrant to the

Accused and secure the Accused by directing the jurisdictional Police to secure

the Accused and report compliance to this Court to undergo sentence of

imprisonment of one year. The Complainant shall file appropriate petition to

execute the recovery of the amount either through civil court or through the

learned Judicial Magistrate court for recovery of Rs.3,00,000/- including

attachment of assets of the Accused. As per the earlier ruling of this High

Court, after getting a Judgment in favour of the Complainant the Complainant

is within his a right to approach the executing court/Civil Court, the Judgment

in Section 138 of Negotiable Instrument Act, 1881, will be treated as a decree.

Therefore, the Complainant can avail those reliefs.




                                                                                              17.04.2025

                  shl



https://www.mhc.tn.gov.in/judis              ( Uploaded on: 21/04/2025 10:54:04 am )


                  Index      : Yes/No
                  Internet   : Yes/No
                  Speaking/Non-speaking order




                  To

                  1. The Judicial Magistrate-I,
                     Salem

                  2. The Additional Public Prosecutor,
                     High Court, Madras.

                  3. The Section Officer,
                     Criminal Section,
                     High Court of Madras – 600 104.






https://www.mhc.tn.gov.in/judis            ( Uploaded on: 21/04/2025 10:54:04 am )


                                            SATHI KUMAR SUKUMARA KURUP, J.,




                                                                                                   shl




                                                                                       Judgment in





                                                                                        17.04.2025






https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/04/2025 10:54:04 am )

 
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