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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 ..... evidence on record. Appeal dismissed. - Crl.A.No.699 of 2008 - - - Dated:- 14-8-2018 - Mr. Rmt. Teekaa Raman J. For the Appellant : Mr.P.Saravana Sowmiyan For the Respondent : Mr.P.Elango JUDGMENT This is an appeal against acquittal. 2. For the sake of convenience, parties are entered as per the ranking before the trial Court. Private complainant/appellant preferred the private complaint in STC No.1071/2005 before the Judicial Magistrate No.7, Coimbatore under Section 138 of Negotiable Instruments Act and the same was allowed. Aggrieved against the order of conviction, the respondent herein preferred criminal appeal before the Additional District Sessions Court, Coimbatore in C.A.No.29/2008 and the same was all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel appearing for the respondent made a submission in support of the order of the lower Court. The point for consideration is whether the order of the lower Court is sustainable in law. The private complainant/appellant has come forward with the specific case that on 01.09.2004, the respondent has borrowed ₹ 6,00,000/- and agreed to pay interest at the rate of ₹ 2.50%. On 09.02.2005, she gave the cheque in question and another cheque on 18.02.2015 and the same was dishonoured and hence the complaint. 7. The case of the respondent is that she never knew the complainant chit fund company and only her husband take some chit amount and duly paid the chit amount and for the balance of the amount, case is pending in STC No.1071/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s undertaken to produce the same. However, no such document has been produced by the appellant and the trial Court has correctly drawn the adverse inference against the appellant herein. Yet another point is that though P.W.1, in crossexamination, has admitted that ₹ 6,00,000/- given to the respondent was duly required for the purpose of filing I.T., return for the corresponding year and he has undertaken to produce the same but failed to do so. 10. Taking into consideration the entirety of the facts and circumstances of the case, the trial Court came to the conclusion that the respondent herein has successfully demonstrated in the crossexamination of P.W.1 that there is no prior legally enforceable debt as alleged by the compla ..... X X X X Extracts X X X X X X X X Extracts X X X X
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