P P MUKUNDAN Vs. V SUNIL KUMAR

JUDGEMENT

(1.) APPEAL filed by the complainant in STC. No.94/2004 on the file of the Chief Judicial Magistrate, Thalasseri against the judgment of acquittal. The appellant prosecuted the 1st respondent alleging offence under Section 138 of the Negotiable Instruments Act with a plea that the 1st respondent borrowed a sum of rupees two lakhs and in discharge of the same Ext.P1 cheque dated 9.2.2004 drawn on North Malabar Gramin Bank, Chakkarakal Branch was issued and that when sent for collection it was returned dishonoured for insufficient funds and despite the notice, the liability was not discharged.

(2.) THE 1st respondent pleaded not guilty. Therefore, he was sent for trial. On the side of the prosecution, he was examined as PW1. Exts.P1 to P5 were marked. When questioned under Section 313 of the Code of Criminal Procedure (Cr.P.C.), the 1st respondent took a plea of total denial and contended that the appellant is a benami of one Janardhanan. No defence evidence was let in.

(3.) I have heard Adv.Sri.Habeeb, the learned counsel appearing for the appellant. Perused the judgment impugned.