1. This Criminal Appeal has been filed seeking to set aside the judgment dated 01.07.2014 made in C.A.No.27 of 2014 on the file of the Vth Additional District and Sessions Judge, Coimbatore, reversing the judgment dated 07.02.2014 made in STC No.271 of 2012 on the file of the Judicial Magistrate, Fast Track Court at Magisterial Level - II, Coimbatore.

2. For the sake of convenience, the appellant and the respondent will be referred to as complainant and accused.

3. It is the case of the complainant that the accused borrowed Rs.2 lakhs from him on 05.09.2006 for his business purpose and executed a promissory note [Ex.P.1] promising to repay the amount on demand with interest at 15% per annum. In discharge of the said liability, the accused issued a cheque bearing no.369470 [Ex.P.2] for Rs.2,40,000/- drawn on HDFC Bank, Trichy. The complainant presented the cheque for collection on 07.01.2008 with Syndicate Bank, Coimbatore and it was returned unpaid on the ground "Account closed", vide cheque return memo [Ex.P.3] dated 09.01.2008. The complainant issued a statutory notice dated 12.01.2008 [Ex.P.5], which was received by the accused on 14.01.2008, vide Acknowledgment Card [Ex.P.6]. Since the accused did not return the amount, the complainant initiated a prosecution in C.C.No.215 of 2008 before the Judicial Magistrate No. V, Coimbatore, under Section 138 of the Negotiable Instruments Act [hereinafter referred to as "the N.I. Act"], against the accused and later, the case was transferred to the Court of the Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore and was renumbered as STC No.271 of 2012. On receipt of summons, the accused appeared and when he was questioned about the accusation against him, he denied the same.

4. To prove the case, the complainant examined himself as P.W.1 and marked six exhibits. The accused was questioned about the incriminating circumstances appearing against him under Section 313 Cr.P.C., which he denied. No witness was examined nor any document marked on behalf of the accused.

5. After considering the evidence adduced by both parties and hearing the learned counsel on either side, the trial Court, by judgment dated 07.02.2014, convicted the accused under Section 138 of the NI Act and sentenced him to undergo four months Simple Imprisonment and pay a fine of Rs.2,000/-, in default to undergo one month Simple Imprisonment. Aggrieved by the conviction and sentence, the accused filed an appeal in C.A.No.27 of 2014 before the Sessions Court, Coimbatore, which was heard by the V Additional District and Sessions Judge, Coimbatore, who, by order dated 01.07.2014, has acquitted the accused, aggrieved by which, the complainant has filed the present appeal against acquittal, in which, this Court has granted Special leave to appeal.

6. Heard Mr. B.R. Shankaralingam, learned counsel for the complainant and Mr. C. Deivasigamani, learned counsel for the accused.

7. The complainant, who examined himself as P.W.1, has stated in his evidence, that the accused had borrowed Rs.2 lakhs on 05.09.2006 for his business purpose and had executed a promissory note [Ex.P.1] for the said sum, agreeing to repay the amount with interest at 15 % per annum. In the cross examination of the complainant, he has inadvertently stated that he has filed only photocopy of the promissory note, whereas, this Court called for the records and perused the same and found that the original promissory note has been filed as Ex.P.1. Even in the list of exhibits appended to the judgment of the trial Court, it has been inadvertently stated as "Copy of a promissory note".

[a] The complainant, in his evidence, has further stated about the issuance of the impugned cheque, dishonour of the same, issuance of statutory notice to the accused and failure of the accused to comply with the demand. Thus, the ingredients of the offence has been satisfactorily proved by the complainant. The complainant was examined-in-chief on 26.10.200