C.P.MUHAMMED FAIZAL Vs. AYYANKANDATHIL MUHAMMEDKUTTY

JUDGEMENT

(1.) The complainant in S.T.No.3133 of 2005 of Judicial First Class Magistrate Court-II, Parappanangadi, aggrieved by the judgment in Crl.Appeal.No.67 of 2009, by which the accused was acquitted, has approached this Court.

(2.) The case of the complainant was that the accused had borrowed a sum of Rs.6,65,000/- in October 2002. Towards the return of that amount, he executed and delivered a cheque dated 27.05.2005 for the above sum informing that the cheque would be honoured on presentation after the maturity period. The cheque was presented for collection and it was dishonoured. Statutory notice was issued, which was returned unserved with an endorsement that addressee was abroad. Complaint was laid. Before the court below, accused appeared and contested the proceedings. On the side of the complainant, power of attorney holder who was the father of the complainant was examined as PW1. Exts.P1 to P6 were marked. On the side of the accused, the Manager of the KSFE Chemmad Branch was examined as DW1. Trial court, on the basis of the available materials, found the accused guilty, convicted and sentenced to undergo SI for six months and to pay a fine of Rs.6,65,000/- and in default to undergo SI for one month. This was challenged by the accused in Crl.Appeal.No.67 of 2009. Learned Sessions Crl.Appeal.2106/10 Judge, Manjeri, by judgment dated 12.07.2010 allowed the appeal and acquitted the accused. This is challenged at the instance of the complainant.

(3.) Before the trial court, accused had set up a defence that he used to purchase articles on hire purchase from the shop of the father of the complainant. Blank signed cheques used to be entrusted to him. One of the cheques so entrusted was converted into Ext.P1 cheque to claim amounts not due to the complainant.