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TMI Blog2017 (12) TMI 970X X X X Extracts X X X X X X X X Extracts X X X X ..... uittal passed by the learned X Metropolitan Magistrate, Egmore is confirmed - appeal dismissed. - Crl.A.No.212 of 2006 - - - Dated:- 8-12-2017 - R. Hemalatha, J. For the Appellant : Mr. R. Kolanchinathan For the Respondent : No appearance JUDGMENT The appellant-complainant had filed a complaint under Section 200 of Cr.P.C., before the learned X Metropolitan Magistrate, Egmore, Chennai against the accused Thiru. K.T. Harichandran residing at No.72, O' Block, M.M.D.A., Arumbakkam, Chennai-106 for an offence punishable under Section 138 of Negotiable Instrument Act. 2. The case of the complainant in brief is that during the month of June 2002, the respondent-accused approached him and informed him that the then Min ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent/accused dated 13.11.2003 which according to the appellant contained false allegations. 4. The appellant before the trial Court examined himself as PW1 and relied on Ex.P1 to Ex.P7 to substantiate his contention. The respondent also examined himself as RW1 and marked Ex.R1. 5. The learned X Metropolitan Magistrate, Egmore, Chennai, in her order dated 07.12.2005, acquitted the respondent/accused on the ground that since the entire transaction between the appellant and the respondent is tainted with illegality, the complainant could not get any privilege to prosecute the respondent under Section 138 of Negotiable Instruments Act and ultimately dismissed the complaint and acquitted the accused under Section 255(1) Cr.P.C. 6. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the amount due thereon from such maker, acceptor or holder, or from any party prior to such holder, unless such possessor or indorsee is, or some person through whom he claims was, a holder thereof in due course . 10. It is also to be noted that the basic ingredients under Section 138 are that any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because the amount of money standing to the credit of that account is insufficient to honor the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made ..... X X X X Extracts X X X X X X X X Extracts X X X X
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