GOPAL Vs. T VENUGOPAL AND ORS

JUDGEMENT

(1.) This appeal on special leave has been preferred by the complainant in C.C..No.658 of 2006 of the Chief Judicial Magistrate's Court, Alappuzha, alleging an offence punishable under Section 138 of the Negotiable Instruments Act. Respondents 1 and 2 herein were the accused in the said case.

(2.) The case of the appellant is that respondents 1 and 2, owed an amount of Rs.1,10,000/- to them, in discharge of which liability, Ext.P1 cheque was issued jointly by respondents 1 and 2 from their joint account in the Bank. Ext.P1 cheque, when presented, returned dishonoured for insufficiency of funds in the accounts of respondents 1 and 2. The statutory notice, as contemplated under Section 138(b) of the N.I.Act was issued, which was returned as 'unclaimed'. The complaint was filed in time.

(3.) The cognizance of the offence under Section 138 of the N.I.Act was taken by the court below. Summons were issued. Both the accused appeared and contested the proceedings. On the side of the complainant, the complainant was examined as PW1 and Exts.P1 to P6 were marked. No defence evidence was adduced. The court below acquitted respondents 1 and 2 under Section 255(1) Cr.P.C. through the impugned judgment by finding that the complainant had no consistent version regarding the consideration of Ext.P1 cheque.