NATTAKOM CO Vs. SADANANDA

JUDGEMENT

(1.) The complainant in a prosecution for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act') is the appellant as it is aggrieved by the order dated 25/11/2008 in S.T.No.2753 of 2006 of the court of the Judicial Magistrate of the First Class-I, Kottayam by which the learned Magistrate acquitted the accused under Sec. 255(1) of the Cr.P.C.

(2.) The case of the complainant, which is a Co-operative bank, is that the accused availed a loan from the said bank and issued a cheque for "rupi foradian" 27,000.00 towards the discharge of such liability, but, when the cheque was presented for encashment, it was dishonoured for the reason "account closed" and the accused has not paid the amount in spite of a statutory notice served on him and therefore the accused has committed the offence punishable under Sec. 138 of the N.I. Act. During the trial of the case PW.1 was examined from the side of the complainant and Exts.P1 to P7 were marked. No evidence for the defence was adduced. The trial court, after considering the entire evidence and materials, found that the complainant could not prove that the accused has drawn the cheque in favour of the complainant beyond reasonable doubt and consequently the accused is found not guilty and he is acquitted under Sec. 255(1) of Cr.P.C.

(3.) Heard the learned counsel for the appellant and the respondent.