JUDGMENT :

(Prayer: This Criminal Appeal has been filed under Section 378 of Cr.P.C. to set aside the order passed by the learned VI Additional Sessions Judge, Chennai in Crl.A.No.43 of 2013 vide its order dated 12.02.2015 and to confirm the order passed by the learned VII Metropolitan Magistrate, George Town, Chennai, in C.C.No.9501 of 2005 giving conviction and sentence of six months simple imprisonment and payment of compensation of the cheque amount of Rs.1,50,000/- against the respondent/accused.

1. Unsuccessful private complainant is the appellant herein.

2. For the sake of convenience, parties are referred to as per the ranking before the Trial Court.

3(a).The private complainant has filed a case in C.C.No.9501 of 2015 under Section 200 of Cr.P.C for the alleged offence under Section 138 of the Negotiable Instruments Act, before the learned VII Metropolitan Magistrate, G.T. Court, Chennai, based upon Ex.P1/Cheque for a sum of Rs.1,50,000/-.

3(b). After the trial, the learned Metropolitan Magistrate had convicted the accused for the offence under Section 138 of the Negotiable Instruments Act and sentenced him to undergo six months simple imprisonment and to pay a sum of Rs.15,00,000/- as compensation.

3(c). Aggrieved against the said order, the accused had preferred Criminal Appeal in C.A.No.43 of 2013 before the VI Additional Sessions Judge, City Civil Court, Chennai. On, re-appreciation of the evidence, the appeal filed by the convicted accused was allowed and he was acquitted.

3(d). Against the order of acquittal passed by the Appellate Court, the private complainant has filed the present Criminal Appeal before this Court.

4. The case of the complainant is that on 03.04.2005, the accused approached him and requested for a hand loan for a sum of Rs.1,50,000/- to meet her emergent family requirement. Towards the discharge of the debt, the accused issued a cheque bearing No.041626 dated 05.06.2005 for the said sum of Rs.1,50,000/- drawn on District Co-operative Bank Ltd., Puthenchanthai Branch, M.G.Road, Thiruvananthapuram. When the complainant presented the cheque before his banker namely Indian Bank, High Court, Extension Counter Chennai, for encashment, the same was returned as ‘Funds Insufficient’ on 14.06.2005. Therefore, the complainant had issued legal notice to the accused on 06.07.2005 and the said notice was received by the accused on 09.07.2005. After receiving the legal notice the accused sent a reply notice on 13.07.2005 but the accused did not pay any amount. Therefore, the complainant has filed the private complaint against the accused for the offence under Section 138 of the Negotiable Instruments Act with the prayer for compensation under Section 357(3) Cr.P.C.

5. Before the Trial Court, on behalf of the complainant PW1 to PW3 were examined and Exs.P1 to P11 were marked. On behalf of the defence one Sunil Kumar was examined as DW1 and Exs.D1 & D2 were marked.

6. The case of the accused is that her husband underwent a surgery so borrowed an amount of Rs.50,000/- from advocate one Saji, who is the partner of Jose Finance. While he was admitted in the hospital, his wife gave a cheque to Saji. Jose Finance has 6 unfilled signed cheques in their possession. Jose Finance instituted a case and he was acquitted in the said case. One Hariharan Nair filed the case against his wife. He is unaware of Hariharan Nair. 06.02.2002 dated medical documents were marked as Ex.D1. The Judgment of Neyyanttinkara Criminal Court in C.C.No.1122/2006 was marked as Ex.D2.

7. In order to substantiate Ex.P1/Cheque, PW3/Dr.Kadirvel was examined, who could deposed that he had paid a sum of Rs.1,50,000/- towards loan for satisfying the accused borrowal.

8. The complainant was examined as PW1. It is the specific case of the complainant that the accused approached him on 03.04.2005 and requested for a hand loan of Rs.1,50,000/- with an assurance of repayment within a month. The complainant asserts that he arranged loan from on his friend Dr.Kadirve