MOHANAN Vs. SANKARANARAYANAN

JUDGEMENT

(1.) THE complainant in a private complaint is the appellant herein and in this appeal he challenges the judgment dated 29/12/2006 in S.T. Case No.4690 of 2003 of Judicial Magistrate of the First Class, Ottapalam by which the learned Magistrate acquitted the accused under Section 255(1) of Cr.P.C. who faced prosecution for offence punishable under Section 417 of I.P.C. at the instance of the appellant, who is the complainant therein.

(2.) THE case of the appellant/complainant is that the accused borrowed a sum of Rs.1,00,000/- from the complainant on 10/07/1999 and thereafter as a security for the said amount a document dated 12/08/1999 was executed. It is the further case of the complainant no amount was repaid as per the said document and hence when the complainant demanded back the amount on 10/07/2002, the accused repaid Rs.10,000/- in cash and for the balance amount, together with interest totally for a sum of Rs.1,50,000/- Ext.P3 cheque dated 10/07/2003 was given. When the above cheque presented for encashment on 11/07/2003 the same was dishonoured stating that the "account was closed as early as on 02/02/2002". Thus according to the complainant the accused has committed the offence punishable under Section 417 of I.P.C. The learned Magistrate has held that the complainant has miserably failed to prove that the accused has induced the complainant to part with the money at the instant stage of the transaction and accordingly the accused is acquitted. It is the above finding and the order of acquittal are challenged in this appeal.

(3.) I have carefully considered the submissions made by the learned counsel for the appellant and closely perused the judgment of the trial court.