JUDGMENT

This Criminal Appeal is filed against the Judgment of the V Additional District and Sessions Judge, Coimbatore, dated 07.01.2024 made in C.A.No.35 of 2013. By the said Judgment, the Appellate Court upset the finding of conviction by the Trial Court and acquitted the respondent / accused. By the Judgment dated 02.02.2013 made in C.C.No.426 of 2011, the learned Judicial Magistrate, Fast Track Court at Magisterial Level – II, Coimbatore, had found the respondent / accused guilty of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 , sentenced to undergo six months simple imprisonment and to pay a fine of Rs.2,000/- and in default to undergo three months simple imprisonment.

2. The case of the complainant is that the accused – Balashanmugham and his mother – Alliammal and his sibling – Meenakshi Sundari have jointly borrowed a sum of Rs.2,00,000/- (Rupees Two Lakhs) on 28.07.2001 and in consideration