POTHEN JOSEPH Vs. T.K.CHANDRA BHANU

JUDGEMENT

(1.) This appeal is preferred by the complainant against the judgment in CC No. 172/2004 on the file of the Judicial Magistrate of the First Class, Ramankari, which was filed under S.138 of the Negotiable Instruments Act.

(2.) Appellant's case before the Trial Court was that the 1st respondent borrowed a sum of Rs.1,00,000/- from him and in discharge of that debt, he issued Ext. P1 cheque. When the cheque was presented for encashment, it was dishonoured for the reason of insufficient funds. The appellant sent a lawyer's notice, but it was not accepted by the 1st respondent and the same was returned. When there was no repayment, the complaint was filed in the Trial Court.

(3.) In the Court below 1st respondent adduced both oral and documentary evidence, which consist of evidence of PWs 1 and 2 and Exts. P1 to P6. The 1st respondent examined DWs 1 to 3 and marked Exts. D1 to D3. The Trial Court after analysing the evidence adduce, acquitted the accused / 1st respondent under S.255(1) CrPC. Aggrieved by that, the complainant preferred this appeal.