PONNAPPAN K V Vs. BINU S/O PONNAPPAN

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 petitioner herein, who seeks special leave under Section 378(4) of the Criminal Procedure Code (for short 'the Cr.P.C.) to file an appeal against the order of the trial court by which the learned Magistrate in his complaint, acquitted the accused under Section 255(1) of the Cr.P.C.

(2.) HEARD the learned counsel for the petitioner and the respondent.

(3.) ON the other hand, learned counsel for the respondent/accused after taking me through paragraphs 4 and 5 of the judgment of the trial court it is submitted that the findings of the learned Magistrate is absolutely correct and legal. According to the learned counsel the claim of the complainant, that he had released an amount of '.1,18,000/- in favour of the accused on 14/06/2005, is unbelievable, since it was PW.1, who filed Ext.D4 complaint earlier to the date of alleged transaction. It is also the submission of the learned counsel for the respondent that by adducing cogent evidence and materials respondent/accused had succeeded in making out a probable case which is accepted by the court below and therefore no interference is warranted.