B.A.RADHAKRISHNAN Vs. M.IBRAHIM

JUDGEMENT

(1.) THE complainant in a prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act is the appellant as he is aggrieved by the judgment of the appellate court dated 31/08/2004 in Crl.A.No.222 of 2000 of the court of Additional Sessions Judge (Ad hoc-I), Kasaragod, by which the learned Judge acquitted the accused, though initially the trial court by judgment dated 31/07/2000 in C.C.No.1357 of 1997 the court of the Judicial Magistrate of the First Class-I, Hosdurg convicted the accused.

(2.) THE case of the complainant is that the accused owed an amount of Rs.1,00,000/- to the complainant and for the aforesaid amount the accused has issued a cheque for Rs.1,00,000/- dated 01/10/1997 which, when presented for encashment, dishnoured as there was no sufficient amount in the account maintained by the accused and the accused has not repaid the amount in spite of a statutory notice served on him. Therefore, the accused has committed the offence punishable under Section 138 of the N.I. Act. During the trial of the case the complainant himself was examined as PW.1 and produced Exts.P1 to P5 documents. Though no witness was examined from the side of the accused, Ext.D1- registered notice dated

(3.) HOWEVER , challenging the conviction and the judgment of the trial court, the accused preferred an appeal before the lower appellate court as Crl.A.No.222 of 2000 and the lower appellate court by its judgment dated 31/08/2004, the finding of the trial court that the accused is guilty of the offence punishable under Section 138 of the N.I. Act is reversed and the conviction and sentence are set aside and the accused is found not guilty of the offence charged against him and accordingly he is acquitted. It is the above finding and order of acquittal are challenged in this appeal.