JUDGMENT :

(Prayer: This Criminal Appeal has been filed under Section 378 of the Criminal Procedure Code, to set aside the order passed by the learned Principal Sessions Judge, Chennai dated 18.02.2014 in Criminal Appeal No.184 of 2012 and confirm the order passed by the learned Metropolitan Magistrate, Fast Track Court-I, Egmore in C.C.No.3201 of 2012 and convict the Respondent/Accused for offence under Section 138 of the Negotiable Instruments Act.)

(The case has been heard through Video Conference)

1. The unsuccessful private complainant is the appellant herein.

2. This appeal has been filed against the order dated 18.02.2014 made in Criminal Appeal No. 184 of 2012, on the file of the learned Principal Judge, Chennai, wherein, the learned judged has reversed the order of the learned Metropolitan Magistrate, Fast Track Court No.I, Egmore, in C.C.No.3201 of 2012, dated 27.09.2012.

3. For the sake of convenience, the parties are referred to complainant and the accused as per the rankings before the Trial Court.

4. The private complainant has filed a private complaint under Section 200 of Cr.P.C for the offence under Section 138 of the Negotiable Instruments Act, against the accused, for the dishonoured cheque to the tune of Rs.13,44,976/- and the same is taken on file as C.C.No.355 of 2006 before the learned Judicial Magistrate, Ambattur and the learned Judge had transferred the said C.C. to the learned Metropolitan Magistrate, Fast Track Court No.I, Egmore, Chennai and renumbered as C.C.No.3201 of 2012.

5. After the Trial, the learned Metropolitan Magistrate, Fast Track Court No.I, has convicted the accused for the offence under Section 138 of the Negotiable Instruments Act and sentenced him to undergo simple imprisonment for one year and to pay cheque amount of Rs.13,44,976/- as compensation within a period of one moth from that day, in default to undergo simple imprisonment for a period of three months. Aggrieved by the said conviction and sentence, the accused has preferred criminal appeal in Crl.A.No.184 of 2012, before the Court of Sessions, Chennai and by order dated 18.02.2014, the learned Judge has allowed the appeal. Hence, the present Criminal Appeal has been preferred by the complainant before this Court.

6. Heard the learned counsel for the appellant and the respondent and perused the materials placed on record.

7. Brief facts leading to file of the private complaint are as under:

a) The complainant is the proprietor of “C.P.K.Leathers” an exporter. The accused is the Commission Agent in leather business and had a good acquaintance with the complainant’s husband viz., C.P.Siva Arasu. Due to this advantage, the accused had received advance amount on the commission, for which the accused has to procure orders for the complainant.

b) On the business transaction with the complainant, the accused owe a sum of Rs.81,190/- and Rs.5,13,994/- in two Company’s account viz., “Sun Shine Trading Company” and “Macsun India” Account respectively.

c) The accused failed to procure orders as well fail to repay the said advance amount. Finally gave the following four cheques:

(i) Cheque bearing No:614377, dated 14.02.2006 drawn on Canara Bank, Park Town Branch for a sum of Rs.81,130/- [Rupees Eighty One Thousand One Hundred and Thirty only]

(ii) Cheque bearing No:614379, dated 28.02.2006, drawn on Canara Bank, Park Town Branch for a sum of Rs.5,13,994/- [Rupees Five Lakhs Thirteen Thousand Nine Hundred Ninety Four only]

(iii) Cheque bearing No:614380, dated 21.03.2006 drawn on Canara Bank, Park Town Branch for a sum of Rs.1,02,220/- [Rupees One Lakh Two Thousand Two Hundred Twenty only]

(iv) Cheque bearing No:614381, dated 11.03.2006, drawn on Canara Bank, Park Town Branch for Rs.6,47,632/- [Rupees Six Lakhs Forty Seven Thousand Six Hundred Thirty Two only]

d) The first two cheques were issued for repaying the advance amount and the remaining cheques were issued for interest for the dues.

e) After two months, all the cheques were presented for collec