M. RAJAGOPAL Vs. N.U. VASANTHY

JUDGEMENT

(1.) This appeal is filed against the judgment dtd. 24/7/2007 in C.C. No. 1015 of 2005 of the Judicial First Class Magistrate I, Thrissur, whereby the accused was found not guilty of the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act') and acquitted under Sec. 255(1) Cr.P.C

(2.) The appellant is the complainant and the complaint was filed on the allegation that towards the amounts owed to the complainant, the accused issued cheque dtd. 26/5/2004 for a sum of Rs.3,00,000.00 and subsequently, the cheque was dishonoured for insufficiency of funds and in spite of issuance of statutory notice, the accused failed to pay the cheque amount.

(3.) In the trial court, the complainant was examined as PW1 and Exhibits P1 to P6 were marked. From the side of the accused, DW1 was examined and Exhibit D1 marked. After considering the evidence on record and hearing both sides, the trial court found that the evidence of DW1 and Exhibit D1 would show that it was the husband of the accused who borrowed money from the complainant and that there was no transaction between the complainant and the accused and that the accused has succeeded in rebutting the statutory presumptions in favour of the complainant.