Challenging the order of acquittal of the respondent/A3, the present Criminal Appeal has been filed by the complainant.
The Case of the Complainant is as follows:
2. The appellant is the complainant in a private complaint filed under Section 138 of the Negotiable Instruments Act. The above said complaint has been filed against three accused. A1 is the partnership firm and A2 and A3 are the partners of A1's partnership firm. A2, on behalf of A1, borrowed a sum of Rs.10,00,000/- from the de-facto complainant with a knowledge of A3. In order to discharge the loan, A2 has issued two cheques in favour of the complainant for a sum of Rs.5,00,000/- each. When both the cheques were presented for collection, the same was returned as ?insufficient fund?. After following all the legal formalities, he has filed the complaint. The trial Court convicted the accused Nos.1 and 2 and acquitted the accused No.3. Now, challenging the order of acquittal of A3, the present Criminal Appeal has been filed.
3. Earlier, the learned counsel for the appellant filed a Memo to withdraw his appearance. In such circumstances, Mr.Bharathi Raja, learned counsel has appointed as a Legal Aid counsel.
4. I have heard Mr.Bharathi Raja, Legal Aid counsel appearing for the appellant and considered the materials available on record carefully. Even though notice sent to the respondent, it was not served on him.
5. The complaint has been filed on the ground that A1 is a partnership firm in which A2 and A3 were partners and A2 only borrowed a loan and he has issued a cheque. It is alleged that the above said borrowal and issuance of cheque done with the knowledge of A3. The Court below, after considering the above facts and circumstances of the case, come to the conclusion that absolutely there is no material to show that A3 is also in-charge of responsible for the affairs of the A1 firm, and there is no averments to that effect and there is no material available on record to show that A3 also actively involved in affairs of A1 firm. Considering the materials, Court below convicted the accused Nos.1 and 2 and acquitted the respondent/A3. I find no illegality or irregularity in the order passed by the Court below and the appeal deserves to be dismissed. Accordingly, the Criminal Appeal is dismissed. Consequently, the connected Criminal Original Petition is closed.
To The Judicial Magistrate No.I, Karur..