P. Kulanthaisamy Vs K. Murugan (Madras High Court)
The criminal appeal arose from the judgment of the Fast Track Magistrate Court, Srivilliputtur, acquitting the accused of an offence under Section 138 of the Negotiable Instruments Act (NI Act). The complainant had filed a private complaint under Section 200 CrPC alleging that the accused, who previously worked in the mechanical section of the Tamil Nadu State Transport Corporation (TNSTC), demanded Rs.3 lakhs to arrange a conductor job for him. The complainant claimed that he paid this amount in the presence of a retired TNSTC employee. According to the complainant, the accused failed to secure the job and eventually issued two cheques: the first was returned as invalid due to its age, and the second, dated 28.02.2017 for Rs.3 lakhs, was dishonoured for insufficient funds. After issuing a statutory notice, receiving no reply, and securing no payment, the complainant initiated proceedings under Section 138 of the NI Act.
During the trial, the complainant examined himself and a supporting witness and produced five documents. The accused, after being questioned under Section 313 CrPC, denied the allegations but did not produce evidence in defence. Upon evaluating the material, the trial court concluded that the cheque was not issued towards a legally enforceable debt and therefore acquitted the accused under Section 255(1) CrPC.
