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 complaint filed by the petitioner herein before the Judicial First Class Magistrate, Palai, against the respondent herein, alleging the commission of the offence punishable under S.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 : The accused in discharge of an amount of Rs.25,000/- which he borrowed from the complainant, issued Ext. P1 cheque in favour of the complainant drawn on the Kozhuvanal Branch of the South Indian Bank Limited. When the complainant presented the cheque for encashment through the Palai Branch of the State Bank of Travancore, it was returned unpaid with the endorsement "account stands closed". Thereupon, the complainant issued a notice to the accused, calling upon him to pay the amount covered by the dishonoured cheque. Since the accused was not prepared to comply with the notice, proceedings were initiated against him for the offence punishable under S.138 of the Negotiable Instruments Act.

(3.) THE order of acquittal passed by the learned Sessions Judge is seriously challenged in this appeal.