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TMI Blog2021 (6) TMI 551X X X X Extracts X X X X X X X X Extracts X X X X ..... /accused guilty of the offence punishable under section 138 of the Negotiable Instruments Act, convicted him and sentenced him to undergo simple imprisonment for six months and to pay compensation of Rs. 90,000/- as per Section 357 (3) of Cr.P.C to the complainant, within two months from the date of the Judgment, failing which, the accused shall undergo two months Imprisonment. 2. As against the said judgment of the learned Judicial Magistrate, Fast Track Court No.1, at ML, Coimbatore dated 26.09.2018 made in C.C.No.504 of 2016, the respondent herein/accused preferred an appeal before the learned Principal District and Sessions Judge, Coimbatore, and the same was taken on file in C.A.No.432 of 2018 and made over to the learned I Additional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tice and the appellant has not even sent any rejoinder to that reply and no effective steps have been taken to send the disputed cheque for expert opinion for comparing the signature. It is further contended that the respondent is only an auto rickshaw driver, whereas, the appellant/complainant is doing in computer business and it was not even stated in the notice. It is further submitted that the appellant has to prove the relationship between the respondent and the appellant, and admittedly, the appellant is a stranger and an unknown person, he also properly explained the reply notice, for which there is no rejoinder. Though the learned Magistrate convicted the respondent, the first appellate Court on proper appreciation of evidence, set- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able debt and cheque has not been issued for legally enforceable debt, whereas in the present case, the appellant/complainant has not established the execution of the cheque and borrowal of the money, by the respondent/accused. 9. On a reading of the entire materials, the appellate Court, as a fact finding Court, has rightly re-appreciated the evidence in proper perspective, under the circumstances, this Court does not find any perversity in the judgment of the appellate Court, and there is no compelled circumstances or reason to interfere with the Judgment of acquittal, unless any compelled circumstances or reason warranted, this Court cannot interfere with the Judgment of acquittal. 10. In the result, this Criminal Appeal is dismissed, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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