ANTONY PHILIPOSE ALIAS TELSMON Vs. RAMLA

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, acquitted the accused under Section 255(1) of the Cr.P.C.

(2.) HEARD Sri.A.Abdul Jaleel, learned counsel appearing for the petitioner. I have also perused the judgment of the trial court.

(3.) THE learned counsel for the petitioner vehemently submitted that the accused has not disputed the signature in Ext.P1 cheque and the transaction as such. It is pointed out by the learned counsel that even according to the accused, she is admitting the transaction with the complainant for a small sum like Rs.2000/- and Rs.10,000/- on daily payment basis. It is also pointed out by the counsel that no reply is given by the accused even though she had received Ext.P3 statutory notice and the above conduct of the accused itself is sufficient to hold that she is admitting the claim of the complainant.