LAWS(KER)-2011-7-182

SREELATHA SAJEEV Vs. PREASY ABRAHAM

Decided On July 27, 2011
SREELATHA SAJEEV Appellant
V/S
PREASY ABRAHAM Respondents

JUDGEMENT

(1.) THE complainant in a prosecution for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') is the petitioner herein, who seeks special leave of this Court under Section 378(4) of the Criminal Procedure Code (for short 'the Cr.P.C.) to file an appeal against the order of the trial court by which the learned Magistrate in his complaint, acquit the accused under Section 255 (1) of the Cr.P.C.

(2.) HEARD Sri.M.T.Suresh Kumar,learned counsel appearing for the petitioner. I have also perused the judgment of the trial court.

(3.) LEARNED counsel for the petitioner vehemently submitted that the reply notice sent by the accused has not been produced and no evidence is produced to show that Ext.P1 cheque is the one, which is entrusted with the complainant towards the chitty transaction. According to the learned counsel, the non-production of the records connected with the chitty transaction is not a ground to disbelieve or discard the case of the complainant and to enter into a finding in favour of the accused. In the light of the above referred materials and findings of the court below and especially in view of the contentions raised by the learned counsel, the question to be considered is whether the petitioner has made out a case to grant special leave to file an appeal against the judgment of the trial court, acquitting the accused under Section 255(1) of Cr.P.C.