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TMI Blog2018 (9) TMI 927X X X X Extracts X X X X X X X X Extracts X X X X ..... dditional District & Sessions Court, Coimbatore in C.A.No.29/2008 and the same was allowed. Consequently, the complaint was dismissed and the respondent was acquitted and hence the appeal. 3. The private complaint before the Judicial Magistrate in STC No.1071/2005 is based on the averment that on 01.09.2004, the respondent had borrowed Rs. 6,00,000/- from the private complainant/ Chit Fund and as a part performance of the repayment of the said amount, the respondent has given a cheque for Rs. 3,00,000/- on 09.02.2015 and another one cheque for Rs. 1,50,000/- dated 09.02.2015. On deposit, the same was dishonoured and after observing the formalities, private complaint was taken on file as S.C.No.1071/2005. On behalf of the private complainan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e balance of the amount, case is pending in STC No.1071/2005. Further, stated that for the drawing of the above said chit amount of her husband, he has given pro note to the complainant chit fund and the same has been misused, since the cheques are given as a security for the purpose of the chit amount drawn by her husband (P.W.1). It is to be stated that P.W.1 power agent of the private complainant, he had categorically admitted that originally for the amount borrowed from the private complainant, the respondent had executed the pro note and for the amount due on that pro note, this cheque in issue has been issued as a part payment. 8. However, in view of the specific denial by the respondent, P.W.1 has admitted that he is only the power ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enforceable debt as alleged by the complainant. Hence, in view of the discrepancy and also in view of the admission of P.W.1 in the cross-examination regarding his alleged prior transaction between the parties, the lower appellate Court has correctly came to the conclusion that there is no pre existing legally enforceable debt and set aside the conviction laid by the trial Court and acquitted the respondent is well founded on the facts and circumstances and evidence on record.
11. In the result, this criminal appeal is dismissed. The order of acquittal passed in C.A.No.29/2008 reversing the order of conviction made in STC.No.1071/2005 on the file of Judicial Magistrate No.7 coimbatore is hereby confirmed. X X X X Extracts X X X X X X X X Extracts X X X X
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