V A SIVARAMAN Vs. VASU

JUDGEMENT

(1.) The complainant in S. T. 50/1991 of the Court of the Chief Judicial Magistrate, Thrissur is aggrieved that the complaint filed by him alleging offence under S.138 of the Negotiable Instruments Act against the first respondent herein ended up in acquittal of the accused.

(2.) The allegation in the complaint was that the accused, who was a goldsmith, had taken loan of 150 gins of gold from the complainant, who was a 'old dealer, agreeing to return the same in May 1990; that there was failure in that regard based on which the matter was talked over and pursuant to settlement an agreement was executed on 29th September 1990 wherein the accused agreed to return the gold by 30th November 1990, that subsequently, on intervention of mediators, the accused issued three cheques of which Ext P1 which Is the subject matter of the present case was one; that in due course the cheque was presented for payment and was dishonoured for want of funds and that in spite of Ext. P - 4 notice issued to the accused be failed to pay of the amount.

(3.) The petitioner got himself examined as P.W. 2. However, the court was not impressed with the complainant's case. On a consideration of the evidence of PWs 1 to 4 and Exts. P1 to P - 5 and based on the contents of Exts. D - l to D - 4, the complainant's case was disbelieved.