C G DASSAN Vs. RANIMOL S

JUDGEMENT

(1.) The appellant who was the complainant in S.T. 183/1995 of the CJM Court, Alappuzha is aggrieved that the complaint filed by him alleging offence under S.138 of the Negotiable Instruments Act against the respondent herein resulted in acquittal of the accused.

(2.) The allegation in the complaint was that towards dues under business transaction the accused gave Ext. P1 cheque to the complainant and that when presented for payment it bounced for want of funds and that in spite of the statutory notice, the amount remains unpaid.

(3.) The petitioner gave evidence as PW 1. The accused, it appears, took up the stand that Ext. P1 cheque was issued on behalf of a concern by name Simpson Coir Works and hence the accused who is an individual has no liability. In the impugned judgment the learned Magistrate, however, rejected the said contention and found that the cheque was issued by the accused as proprietress of Simpson Coir Works and not in any other capacity. The evidence with regard to dishonouring of the cheque for want of funds, issuance of notice, etc. were also found to be adequate. The only reason for granting acquittal to the accused was the fact that the cheque stands in the name of M/s. Sindhu Coir Traders and the complainant is not the said business concern, but an individual.