P.T.JOY Vs. K.V.SIVASANKARAN

JUDGEMENT

(1.) The complainant in S.T.No.501 of 2005 of the Judicial First Class Magistrate-III, Thrissur aggrieved by the acquittal of the accused in a complaint under section 138 of the Negotiable Instruments Act has preferred this appeal.

(2.) The complainant alleged that the accused was known to him for the past several years and that he had borrowed a sum of Rs.4,35,000/- on 15.07.2003. Towards the discharge of that legally enforceable debt, a cheque dated 22.11.2004 was issued to him. The cheque on presentation was returned dishonoured. A statutory notice was issued, which was replied. Alleging that, by non payment of the money covered by the cheque, accused has committed an offence punishable under section 138 of the Negotiable Instruments Act, complainant approached the court below by filing the criminal complaint. Accused appeared and contested the proceedings. On the side of the complainant, PW1 was examined and Exts.P1 to P13 were marked. Accused got himself examined as DW1 and Ext.D1 to D9 were marked. The court below, on an evaluation of the rival materials concluded that, PW1 failed to establish that the accused had committed the offence punishable under section 138 of the Negotiable Instruments Act. It was held that, there was no reliable evidence to prove that the accused had borrowed the amount from the complainant and issued a cheque towards the discharge of that liability. Accordingly, accused was found not guilty and acquitted. This judgment is under challenge in the present proceedings.

(3.) Heard the learned counsel for the appellant and learned counsel for the contesting second respondent.