RAJASEKHARAN NAIR Vs. V RAMAKRISHNAN

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 appellant as he is aggrieved by the order of acquittal recorded by the trial court.

(2.) THE case of the complainant is that the accused borrowed `.57,000/- from him and in discharge of the same, the accused had executed and issued Exts.P1 and P2 cheques, which when presented for encashment, dishonoured and the accused failed to pay the amount in spite of the statutory notice and therefore, the accused has committed the offence punishable under Section 138 of the N.I.Act. THE complainant himself was examined as PW1 and Exts.P1 to P7 documents were produced from the side of the complainant during the trial and no evidence was adduced from the side of the accused. Third party exhibits Exts.X1 and X2 were marked. After conclusion of the trial, the learned Magistrate found that the accused is not guilty and accordingly, he is acquitted under Section 255(1) of the Cr.P.C. and it is the above order challenged in this appeal.

(3.) I am unable to sustain the above contentions. As I indicated earlier, the specific case of the complainant is that the accused borrowed `.57,000/- from the complainant and towards the discharge of the liability, the accused issued two cheques viz., Exts.P1 and P2.