JOSEPH Vs. PHILIP JOSEPH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 27. 6. 1994 of the Sessions Judge, Kottayam in Crl. Appeal No. 190/92. The case arose on a complainant filed by the petitioner hereinbefore the judicial First Class Magistrate, Palai, against the respondent herein, alleging the commission of the offence punishable under Section 138 of the Negotiable Instruments Act. After the trial, the learned Magistrate found the respondent (accused) guilty of the offence and convicted him. He was sentenced to undergo simple imprisonment for three months and to pay a fine of Rs. 5,000/- in default to undergo simple imprisonment for one month. Aggrieved by the order of conviction and sentence passed by the Magistrate, the respondent herein preferred an appeal before the Sessions Judge, kottayam. The Sessions Judge, Kottayam allowed the appeal and set aside the conviction and sentence imposed upon the respondent and acquitted him. Aggrieved by the order of acquittal, the complainant has come up with this appeal.

(2.) THE substance of the allegations in the complaint filed before the magistrate is as follows :

(3.) WHEN the accused appeared before the Court, the particulars of the offence were read over and explained to him. He pleaded not guilty. Thereupon, the complainant gave evidence as PW1 and examined the manager of the Kozhuvanal Branch of South Indian Bank as PW2. Ext. P1 to P8 were also marked. No defence evidence was adduced. On an elaborate consideration of the evidence, the learned Magistrate found the accused guilty of the offence, convicted him and sentenced him as stated earlier. The appeal filed before the Sessions Judge was allowed and accused was acquitted.