P.G.P.RAJAN Vs. K.SASIDHARAN NAIR

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 as he is aggrieved by the judgment dated 5.10.1996 in Crl.A.No.85 of 1994 in the court of the Principal Sessions Judge, Thiruvananthapuram.

(2.) THE case of the complainant is that the accused borrowed an amount of Rs.45,000.00 from the complainant on 7.8.1991 and on the same day, issued Ext.P1 cheque for Rs.45,000.00 towards the repayment of the above amount and when the complainant presented the cheque for encashment, the same returned on 3.10.1991 with an endorsement that the payment was stopped by the drawer. It is the further case of the complainant that though he had caused to send statutory notice, the accused has not repaid the amount or made any reply in time. Thus, according to the complainant, the accused has committed the offence punishable under Section 138 of the N.I.Act.

(3.) CHALLENGING the above finding, the order of conviction, the sentence of compensation and cost, the accused preferred Crl.A.No.85 of 1994 before the Principal Sessions Court, Thiruvananthapuram and the learned Judge of the appellate court, by his judgment dated 5.10.1996 in Crl.A.No.85 of 1994 found that the lower court had not considered the entire evidence in its correct perspective and as such, the finding of the lower court and conviction and imposition of sentence on the accused are liable to be set aside. Accordingly, the appeal was allowed and the conviction and sentence were set aside and the accused is found not guilty and he is acquitted under Section 386 of the Cr.P.C. It is the above finding and order of acquittal vide judgment dated 5.10.996 in Crl.A.No.85 of 1994 of the lower appellate court challenged by the appellant, who is the complainant, before this Court.