K S SANTHOSH Vs. SUNIL AND ORS

JUDGEMENT

(1.) This appeal on special leave has been preferred by the complainant in C.C.No.244 of 2005 of the Judicial First Class Magistrate's Court, Kothamangalam, challenging the acquittal of the first respondent/accused under Section 255 (1) Cr.P.C.

(2.) The case before the court below is as a result of a private complaint filed by the complainant as against the first respondent herein as accused, alleging an offence punishable under Section 138 of the Negotiable Instruments Act. The case of the appellant is that the first respondent, in discharge of his liability to pay an amount of Rs.90,000/-, issued Ext.P1 cheque to the appellant. The said cheque, when presented, returned dishonoured for insufficiency of funds in the accounts of the first respondent. A notice as contemplated under Section 138(b) of the N.I.Act was issued and it also did not evoke any positive response and hence the complaint.

(3.) On the side of the complainant, PW1 was examined and Exts.P1 to P5 were marked. No defence evidence was adduced. It seems that in the last portion of the impugned judgment the court below has taken the view that the accused/first respondent was not found guilty of having committed any offence under Section 138 of the N.I.Act and hence he was acquitted under Section 255(1) of Cr.P.C.