TMI Blog2023 (10) TMI 584X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Ex.P-1 for a sum of Rs. 75,000/-. So, important link is missing in the evidence to connect Ex. P-1 with that of a legally enforceable debt pertaining to the chit transaction. Though, there is no dispute about the factum of dishonor of cheque but the complainant has to establish that it was issued towards discharge of a legally enforceable debt. The evidence on record would not at all prove all those aspects. This Appeal is against an order of acquittal. Having gone through the judgment of the trial Court, as above, it cannot be held that the learned III Additional Judicial Magistrate of First Class decided the matter with any unreasonable grounds. There are no reasons whatsoever to interfere with the judgment in Calendar Case No. 101 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p.m. commencing from 18.07.1999 and terminating by 18.07.2001. It is alleged that accused paid some installments, participated in auction held on 19.12.1999 and became highest bidder. He agreed to forego a sum of Rs. 36,500/- and received prize money of Rs. 63,500/- from the complainant but he did not pay the installments to the complainant in spite of repeated requests and demands except some installments up to 11.05.2000. It is further alleged that on the demand of complainant officials, accused issued a cheque on 31.08.2001 for Rs. 70,000/- drawn on Andhra Bank, Main Branch, Kakinada towards part payment of chit due to the complainant. Complainant presented the said cheque in Andhra Bank, Main Branch, Kakinada on 24.09.2001 for encashmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y as PW.1 and got marked Exs.P-1 to P.10. 7. After closure of the evidence of prosecution, accused was examined under Section 313 Cr.P.C. for which he denied the incriminating circumstances appearing against him. He examined himself as DW.1. 8. The learned Magistrate on hearing both sides and after considering the oral and documentary evidence on record, found the accused not guilty of the charge for the offence under Section 138 of the NI Act. 9. Felt aggrieved of the same, the unsuccessful complainant is before this Court as appellant. 10. Now, in deciding this Criminal Appeal, the points that arise for consideration are: 1. Whether the complainant before the learned III Additional Judicial Magistrate of First Class, Kakin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it transaction alleged against him. The learned trial Judge with elaborate reasons found the respondent/accused not guilty as such Appeal is liable to be dismissed. 13. PW.1 before the trial Court was no other than the Manager of the Complainant Company and he adverted to the case in accordance with the averments in the complaint. Through him, Exs.P-1 to P-10 were marked. The accused examined himself as DW. 1 to explain the circumstances in which he signed Ex.P-1. 14. As evident from the cross-examination of PW.1, he did not file the statement of account pertaining to the so called chit transaction entered into by the accused with the complainant s company. Apart from these, there is no dispute as evident from Ex.P-10 that when the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quietly evident that from the evidence that when the complainant filed a suit in O.S. No. 157 of 2004 before the learned I Additional Senior Civil Judge, Kakinada the learned Additional Senior Civil Judge gave a finding that the complainant was entitled only for Rs. 25,000/-. Though the complainant filed an Appeal before the learned III Additional District Judge, Kakinada but nothing is clarified that whether he got any favourable order as against the decision of the learned Senior Civil Judge in O.S. No. 157 of 2004. Needless to point out here that the judgment of the Civil Court is binding on the Criminal Court. The learned Magistrate elaborately discussed all these aspects. So, it is quite clear that the claim of the complainant before a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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