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TMI Blog2021 (8) TMI 374X X X X Extracts X X X X X X X X Extracts X X X X ..... ues and the Bank account maintained by him in Savings Account No.613501514466, are not at all necessary for the just decision of the appeal in C.A.No.125 of 2018, since even if the cheque issued by the petitioner happened to be dishonoured on the ground that account closed , a prosecution under Section 138 of the Negotiable Instruments Act, is still maintainable. Based on the complaint lodged by the present petitioner, one K.R.P.Elango, has been prosecuted and the mere contention of the present petitioner is that only at the behest of K.R.P.Elango, the respondent /complainant filed a complaint cannot be accepted, in the absence of sufficient proof. The examination of the Post Man, Mukkudal Post Office, is not necessary for the prese ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... go, who is arrayed as an accused in the final report in C.C.No.177 of 2012, on the file of the Judicial Magistrate No.I.Tirunelveli. 5.According to the petitioner, the said final report was filed based on the complaint preferred by him before the Inspector of Police, Perumalpuram Police Station, on 12.07.2010. However, the Trial Court found the present petitioner guilty of the offence punishable under Section 138 of Negotiable Instruments Act and convicted the present petitioner. He was also sentenced to undergo Rigourous imprisonment for a period of one year and to pay a fine of ₹ 2,00,000/- to the respondent and in default to pay the fine amount further to undergo Simple Imprisonment for one month. Aggrieved over the conviction a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im to the petitioner by drawing money from the bank and on the contrary, he has categorically asserted that with the cash in hand possessed by him, he advanced the loan to the petitioner. 3.The statutory notice, dated 09.11.2011 was served upon the petitioner and it is not disputed by him and therefore, examination of Postal Officials is not necessary. 4.The petitioner filed a similar application before the Trial Court and the same was dismissed, as against which the petitioner preferred an appeal in Crl.R.C. (MD)No.637 of 2016, which was also dismissed by this Court on 16.03.2018. Therefore, he cannot file another application before the Appellate Court. 7.Mr.N.Dilip Kumar, learned counsel for the petitioner contended that the Crl. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .7403 of 2019, in which the petitioner rely on : Documents By whom to be furnished and proved 1 Entire document pertaining to complaint before the Commissioner of Police in C.No. 107/Camp/cop/ptn/tin-c/ 2010, dated 30.03.2010 and its enquiry report The Commissioner of Police, Tirunelveli 2 Case Diary (CD file) pertaining to Cr.No.346 of 2010 Perumalpuram Police Station The Inspector of Police, Perumalpuram Police Station 3 Requisition letter dated 30.03.2010 to stop payment of cheques and requisition letter dated 30.11.2020 to cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o.346 of 2010 of Perumalpuram Police Station would not be of any use to the present petitioner. Based on the complaint lodged by the present petitioner, one K.R.P.Elango, has been prosecuted and the mere contention of the present petitioner is that only at the behest of K.R.P.Elango, the respondent /complainant filed a complaint cannot be accepted, in the absence of sufficient proof. Moreover, this aspect was considered and rejected by the Trial Court vide his Judgment, dated 16.03.2018. 11. It is also relevant to extract Section 20 of Negotiable Instruments Act, which reads as follows : 20. Inchoate stamped instruments.-Where one person signs and delivers to another a paper stamped in accordance with the law relating to negotiable ..... X X X X Extracts X X X X X X X X Extracts X X X X
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