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TMI Blog2018 (10) TMI 270X X X X Extracts X X X X X X X X Extracts X X X X ..... ent dated 23.11.2012 made in C.A.No.138 of 2012 by the learned I Additional Sessions Court, Erode, confirming the conviction imposed in the judgment dated 12.07.2012 mad in S.T.C.No.4530 of 2009 by the District Munsif-cum-Judicial Magistrate, Perundurai. 2 The case of the respondent/complainant is that the appellant/accused borrowed a sum of Rs. 2,00,000/- and issued a cheque on 15.05.2009 to dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 10,000/-, in default, further simple imprisonment for a period of three months. Aggrieved against which, the accused had filed an appeal in C.A.No.138 of 2012 before the learned I Additional Sessions Judge, Erode. The lower appellate Court, being a fact finding Court re- appreciated entire evidence, and after giving due opportunities to both the parties, dismissed the appeal by judgment dated 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t/complainant and the presence of whom he received the cheque. Further the respondent/complainant is failed to produce any documents to prove the execution of cheque. Mere production of cheque, is not sufficient to discharge the burden and the respondent/complainant could not take shelter under Section 139 of Negotiable Instruments Act. The learned counsel in support of his contentions has relied ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ILR 2009 (3) Kerala 43. The Courts below, after considering all these aspects, had acquitted the accused. 7 Heard the learned counsel appearing on either side and perused the materials available on record. 8 On a careful reading of the complaint, it reveals that the respondent/complainant stated that there is money transaction between the appellant/accused and respondent/complainant, whereas in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the complainant to substantiate his claim beyond reasonable doubts in the manner known to law. 10 In view of the above, this Court is inclined to set aside the conviction and sentence imposed by the trial Court and confirmed by the lower appellate Court by judgment dated 23.11.2012. 11 Accordingly, the revision is allowed and the judgment dated 23.11.2012 made in C.A.No.138 of 2012 is hereby se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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