BABY JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The complainant in S.T.No.676/2005 of Judicial First Class Magistrate Court, Pala, aggrieved by the acquittal of the accused for offence under Section 138 of the Negotiable Instruments Act has preferred this appeal.

(2.) The case of the complainant before the court below was that the accused had a financial transaction with the complainant. Towards the discharge of that legal obligation for Rs. 50,000/-, accused executed and delivered to the complainant a cheque dated 13.01.2005 drawn on a Service Co- operative Bank. The cheque was presented for collection, but was returned dishonoured on ground of insufficiency of funds. A statutory notice intimating about the dishonour and demanding the amount was issued. It was received by the accused but was neither replied nor the amount paid. Hence, the complaint was laid, alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act. The accused appeared and pleaded not guilty. On the side of the complainant, he was examined as PW1 and Exts.P1 to P6 were marked. On the side of the accused, one witness was examined as DW1.

(3.) The court below on an evaluation of the entire materials concluded that the complainant failed to establish the allegations against the accused and the existence of a legally enforceable debt. Consequently, the accused was acquitted. Aggrieved by the above judgment, complainant has preferred this appeal.