MOHANA PAI Vs. JABBAR

JUDGEMENT

(1.) REVERSING the conviction ordered by the Judicial Magistrate of the First Class-II, Kochi, the learned II Additional Sessions Judge, Ernakulam acquitted the 1st respondent. Therefore the appellant/complainant has come up with this appeal against the acquittal.

(2.) THE offence alleged are that punishable under S.138 of the Negotiable Instruments Act and under S.420 of the IPC. The subject matter was Ext.P2 cheque dated 5.5.1993 for an amount of Rs.20,000.00 issued by the accused/1st respondent. When the cheque was presented to the bank, it bounced. So the offence as alleged has been committed by the 1st respondent. Reversal of the conviction is therefore bad; the appellant submits.

(3.) THE submission made by the counsel for the 1st respondent is that the amount has already been paid to the counsel appearing for the appellant in the Court below. In another proceedings, receipt has been produced before the Court below. Therefore, there was no liability. Moreover, Ext.P1 is earlier than Ext.P2 cheque which was issued for future payment. Therefore Ext.P2 which was made mention of in Ext.P1 did not represent any liability at all. So, there is no reason to reverse the acquittal, the counsel for the respondent submits.