RAVI Vs. SHANMUGHAN

JUDGEMENT

(1.) The appellant is the complainant in S.T.No.1483/1998 before the Judicial First Class Magistrate Court, Irinjalakuda for the offence punishable under Section 138 of the Negotiable Instruments Act. By judgment dated 1.10.2002, the learned Magistrate found the accused not guilty of the offence punishable under Section 138 of the N.I. Act and accordingly the accused was acquitted under Section 255(1) of Cr.P.C. Challenging the acquittal, the complainant has preferred this appeal.

(2.) The case of the complainant in brief is that the accused, one of the close friends of the complainant, borrowed an amount of Rs.3,50,000/- from him after having executed Ext.P1 cheque in favour of the complainant. When the complainant presented Ext.P1 for collection through Kodakara Farmers Service Co-operative Bank Ltd.No.R.76, it was returned with an endorsement ''funds insufficient'' as per Ext.P2. Hence, the complainant issued Ext.P3 notice dated 14.2.1998 calling upon the accused to pay the amount covered under Ext.P1 within the statutory time provided under law. The accused refused to receive Ext.P4 notice by Ext.P3-postal envelope.

(3.) During the trial, PW1 was examined and marked Exts.P1 to P6 on the side of the complainant. On closing the evidence of the complainant, the accused was questioned under Section 313 of Cr.P.C. The accused denied his liability to pay the amount covered under Ext.P1. In support of his contention, DWs.1 and 2 were examined. On analysing the entire evidence in detail, the trial court has entered a finding that the complainant failed to prove the execution of Ext.P1 and as such the presumptions under Sections 118 and 139 of the N.I.Act are not attracted. Accordingly, the accused was acquitted.