Crl.A.No.795 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.07.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.A.No.795 of 2025 Selvakumar ... Appellant Vs. Parveen ... Respondent PRAYER: Criminal Appeal filed under Section 419 of BNSS, praying to set aside the judgment dated 27.06.2024 passed by the learned Judicial Magistrate No.I, Mannargudi in STC.No.2319 of 2015 and convict the accused for the offence under Section 138 of Negotiable Instruments Act. For Appellant : Mr.R.S.Sivaram JUDGMENT This criminal appeal has been preferred against the order of acquittal passed in STC.No.2319 of 2015 dated 27.06.2024 on the file of the learned Judicial Magistrate-I, Mannargudi for the offence punishable under Section 138 of NI Act. 2. The appellant is the complainant and the respondent is the accused in the complaint lodged by the appellant alleging that the https://www.mhc.tn.gov.in/judis Crl.A.No.795 of 2025 respondent borrowed a sum of Rs.9,00,000/- for her business development and in order to repay the said amount, the respondent issued cheque on 02.11.2015. It was presented for collection. However, it was returned dishonoured for the reason 'funds insufficient'. After causing statutory notice, the appellant lodged complaint and the same was taken cognizance by the trial court. 3. On the side of the appellant, he had examined himself as PW1 and marked Ex.P1 to Ex.P7. On the side of the respondent, she had examined DW1 and marked Ex.D1 to Ex.D4. On perusal of oral and documentary evidences, the trial court found the respondent not guilty and acquitted her. Aggrieved by the same, the present criminal appeal has been filed by the complainant. 4. The learned counsel for the appellant would submit that the respondent did not deny the signature found in the cheque and the issuance of the cheque. Thought the appellant discharged his initial burden under Section 138 of NI Act, the respondent failed to rebut the presumption and even then, the trial court acquitted the respondent on flimsy ground. The trial court observed that the appellant failed to https://www.mhc.tn.gov.in/judis Crl.A.No.795 of 2025 mention the date of the borrowal and the place of the borrowal. Even in the complaint, he categorically stated that the respondent borrowed a sum of Rs.9,00,000/- from the residence the appellant. Further, the respondent used to borrow loan very often and as such, the appellant did not insist for any interest. 5. Heard, the learned counsel for the appellant and perused, all the materials placed before this Court. 6. On perusal of the records, it is revealed that on the examination of PW1, it is revealed that the appellant failed to mention the date of the borrowal. Further, the appellant did not produce any piece of document to show that the appellant had lent a sum of Rs.9,00,000/- to the respondent. Admittedly, the appellant did not receive any security document at the time of lending such huge amount of Rs.9,00,000/- to the respondent. Further, in his cross examination, he categorically admitted that he did not lend for any interest. He lent for the purpose of developing the business. Further, when the respondent is doing finance business, no prudent person would lend loan without any security document. Further, the appellant also failed to whisper even about the pronote which was https://www.mhc.tn.gov.in/judis Crl.A.No.795 of 2025 executed by the respondent at the time of the borrowal and on the date of the issuance of cheque, the pronote was returned to her. Therefore, the respondent categorically rebutted the presumption and the trial court rightly dismissed the complaint and this Court finds no infirmity or illegality in the impugned judgment. 7. Accordingly, this criminal appeal is dismissed. 04.07.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order lok To The learned Judicial Magistrate No.I, Mannargudi https://www.mhc.tn.gov.in/judis Crl.A.No.795 of 2025 https://www.mhc.tn.gov.in/judis Crl.A.No.795 of 2025 G.K.ILANTHIRAIYAN, J. lok Crl.A.No.795 of 2025 04.07.2025 https://www.mhc.tn.gov.in/judis