SUKUMARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed against the judgment dtd. 5/1/2008 in C.C. No. 482 of 2006 on the file of the Judicial First Class Magistrate-I, Perinthalmanna challenging the acquittal of the accused persons of the offence under Sec. 417 r/w 34 IPC .

(2.) The appellant is the complainant and the complaint was filed on the allegation that the 1st accused borrowed Rs.80,000.00 from the complainant for her personal needs on 10/1/2006 agreeing to repay the same within 3 months. The 1st accused failed to repay the amount as agreed and after repeated demands, the 1st accused on 27/4/2006 issued a cheque for Rs.80,000.00 to the complainant and thereafter, when the complainant presented the cheque for collection, the same was dishonoured for the reason 'signature differs' and also due to insufficiency of funds. On enquiry, the complainant learnt that the 1st accused is not holding an account and that the said cheque was issued to accused No.2, who is the husband of the 1st accused in an account maintained by him with Aliparamba Service Co-operative Bank limited. It is stated that accused Nos. 1 and 2 cheated the complainant in furtherance of their conspiracy and they made the complainant to believe that the cheque is drawn from an account maintained by the 1st accused and they are thereby, alleged to have committed the offence as aforesaid.

(3.) Heard Smt. Sakeena Beegum, the learned counsel representing the learned counsel for the appellant on record, Sri. Rupesh Ravindran, the learned counsel for respondents 1 and 2 and Sri. Sanal P. Raj, the learned Public Prosecutor appearing for the 3rd respondent"State of Kerala.