SUJA BALACHANDRAN Vs. DIVYA

JUDGEMENT

(1.) The judgment acquitting the accused in C.C.No.538 of 2016 on the file of the Judicial First Class Magistrate Court, Tripunithura, is under challenge in this appeal filed under Sec. 378 of the Cr.PC.

(2.) The complainant is the appellant. The accused is respondent No.1. The complainant filed a complaint under Sec. 142 of the Negotiable Instruments Act against the accused alleging that she executed a cheque for Rs.40,00,000.00 drawn on the State Bank of Travancore, Kidangoor Branch and the same was dishonoured due to insufficient balance. The complainant caused to issue a lawyer's notice seeking the amount covered by the cheque. The accused reverted by sending a reply stating that she had received an amount of Rs.4,70,600.00 from the complainant and she returned the amount with interest. The accused stated in the notice that the pleadings in the lawyer's notice are false.

(3.) On the side of the complainant, PWs 1 to 8 were examined and Exts.P1 to P10 were marked. The learned Magistrate, at the close of the trial, found that the complainant failed to prove that the cheque was issued for a legally enforceable debt. The Court found the accused not guilty of the offence and acquitted her.