JUSTIN JOHN Vs. CHACKO THOMAS

JUDGEMENT

(1.) The appeal is filed by the complainant in S.T.No.1224 of 2005 of the Judicial First Class Magistrate Court-I, Kottayam, aggrieved by the dismissal of his complaint filed against the first respondent herein alleging commission of the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short "the N.I.Act").

(2.) The gist of the allegation in the complaint is as follows:-

(3.) In order to prove the prosecution allegations, PW1; the power of attorney holder gave evidence and marked Exts.P1 to P10. The accused denied the incriminating circumstances brought out against him during his questioning under Section 313 of the Cr.P.C and, in support of the defence case, got himself was examined as DW1 and also DW2, the Branch Manager of his Bank. Exts.D1 to D4(a) were marked on the defence side.