T V SAJU Vs. BABY FATHIMA AND ORS

JUDGEMENT

(1.) This appeal on special leave has been preferred by the complainant in C.C.No.1265 of 2002 of the Judicial First Class Magistrate's Court-I, Ernakulam, challenging acquittal of the accused under Section 255 (1) of the Code of Criminal Procedure.

(2.) The case before the court below is, as a result of a private complainant filed by the appellant herein as complainant, against the first respondent herein as accused, alleging an offence under Section 138 of the Negotiable Instruments Act. The case of the appellant is that the first respondent, in discharge of her liability to pay an amount of Rs. 1,54,000/- to the appellant, issued Exhibit P1 cheque, which on presentation, returned dishonoured for insufficiency of funds in the accounts of the first respondent. Even though the notice as contemplated under Section 138 (b) of the Negotiable Instruments Act, was served on the first respondent, it did not evoke any positive response and hence the complaint. On the side of the appellant, PW1 was examined and Exhibits P1 to P6 were marked. On the side of the first respondent, DW1 was examined and Exhibit D1 was marked. The court below found that Exhibit P1 cheque was not issued in discharge of a legally sustainable debt or liability and thereby the court below acquitted the first respondent through the impugned judgment.

(3.) When this appeal came up for hearing, there was no representation for the appellant on the last posting date. Consequently, the matter is adjourned to this day as last chance for hearing. Today also there is no representation for the appellant. The fist respondent is represented. I have considered the entire evidence on merits.