VARAKARA BHAGAVATHY KSHETRA YOGAM Vs. STATE OF KERALA

JUDGEMENT

(1.) THE complainant in a prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') is the appellant since it is aggrieved by the judgment dated 17.7.2008 in C.C.No.162 of 2007 of the court of the Additional Munsiff and Judicial First Class Magistrate- Irinjalakuda, by which the learned Magistrate acquitted the accused under Section 255(1) of the Cr.P.C.

(2.) THE case of the complainant is that, the complainant is conducting a kuri transaction, of which the accused is one of the subscribers and the accused auctioned the chitti amount and towards the discharge of the liability connected therewith, the accused issued a cheque dated 16.1.2006 for an amount of Rs.23,560/-, which when presented for encashment, dishonoured due to insufficiency of fund in the account of the accused and though a statutory notice was served on the accused, no amount is received and therefore the accused has committed the offence punishable under section 138 of NI Act. During the trial of the case, PW1 was examined from the side of the complainant and produced Exts.P1 to P7. The trial court after considering the evidence and materials on record, came into a conclusion that the complainant has not discharged its initial burden to prove that the cheque was issued by the accused in discharge of his liability. Consequently, the trial court found that the accused has not committed the offence under section 138 of NI Act and accordingly he is acquitted under section 255(1) of Cr.P.C. It is the above findings and order of acquittal challenged in this appeal.

(3.) I have carefully considered the submissions made by the learned counsel for the appellant and I have gone through the judgment impugned in this appeal.