IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :13.02.2024 CORAM:

THE HONOURABLE Mrs.JUSTICE R.KALAIMATHI CRL.A.No.371 of 2020 M/s.Sree Gokulam Chit & Finance Co. Limited, Represented by its Authorised Person, Mr.P.Kaliappan S/o.Ponnuvel, Aged 40 years, No.59/1-A, First Floor, Mayanoor Main Road, Near ARRS Multiplex, Salem-636 004. … Appellant /

Complainant vs.

P.Murugesan … Respondent / Accused PRAYER: This Criminal Appeal is filed under Section 378(4) of Criminal Procedure Code, against the judgment in S.T.C.No.151 of 2018 dated 20.02.2020, passed by the Special Judicial Magistrate, Special Court for Land Grabbing Cases, Salem.

For Appellant : Mr.L.Rajasekar For Respondent : Mr.K.Sathishkumar

JUDGMENT

The complainant herein is the appellant before this Court. Being aggrieved by the order of acquittal dated 20.02.2020, passed in S.T.C.No.151 of 2018, on the file of the Special Court for Land Grabbing Cases, Salem, the complainant herein has preferred this appeal.

The facts put forth by the complainant in brief are as follows:

2. The complainant M/s.Sree Gokulam Chits ad Finance Private Limited, is a private limited company registered under the Companies Act, having registered office, in Chennai and having branches all over the Country, doing chit business which is registered before the Chit Registrar under the Chit Funds Act, 1982.

●The Accused joined in the chit group commencing from 25.07.2014 spread over 20 months for a ticket for Rs.50,000/- p.m., and the ticket number of the accused is G2J/1839/KDM/19 is not in dispute.

●The accused was a successful bidder in the 7^th auction held on 26.01.2015 and the accused received the price money of Rs.7,70,000/- by way of cheque drawn on Axis Bank, Chennai (Cheque No.202059 dated

05.03.2015).

●In the said chit transactions, the accused has not repaid the debt amount properly. He has fallen heavy amount due in his chit account.

●After repeated demands made by the complainant for the payment of due amount with interest, the accused issued a Karur Vysya Bank, Attur Branch cheque dated 08.04.2017 for a sum of Rs.1,99,669/- to discharge his liability and he assured that the cheque would be honoured if presented for the collection on due date.

●On 12.04.2017, when the cheque was presented for collection with their banker-Corporation Bank, Alagapuram Branch, the same was returned on 15.04.2017 on the ground of funds insufficient with the bank's return memo.

●The complainant caused to issue legal notice to the accused on 06.05.2017, calling upon him to pay the amount of Rs.1,99,669/- covered under the dishonoured cheque.

●Despite the receipt of notice, the accused either settled the amount or gave a reply.

●The accused issued the above cheque to discharge his liability in order to defraud the complainant, he did not provide sufficient funds in his account and the same amounts to an offence punishable under Section 138 of Negotiable Instrument Act.

3. The case of the complainant was resisted by the accused stating that the amounts paid by him were not accounted properly and these details were not found either in the legal notice or in the complaint. Adding to that PW1 has also not spoken about the payments made by him.

4. At trial, the authorised person of the complainant was examined as PW1. Six documents were marked. The ledger extract pertaining to the accused in respect of this transaction is Ex.P6. Through cross- examination of PW1, six documents were marked on the accused side. Payment receipt dated 22.05.2015 for an amount of Rs.70,000/- is Ex.D1. Payment receipt for an amount of Rs.30,000/- dated 11.04.2015 is Ex.D3.

5. When the accused was questioned, he has denied the offence.

During the questioning under Section 313 of Cr.P.C., he has answered that it is a false case and has given no other explanation.

6. The learned counsel appearing for the appellant/complainant Mr.L.Rajasekar would strenuously contend that the accused who was a subscriber of chit for a value of Rs.10,00,000/- quit the chit on the