XAVIER KUTTY Vs. SUNNYMON

JUDGEMENT

(1.) This appeal is filed by the complainant in S.T.No. 926 of 1995 on the file of the Judicial First Class Magistrate's Court-I, Kottayam.

(2.) The appellant filed the compliant alleging that the accused - first respondent herein committed offences punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act"). According to the appellant, the first respondent failed to pay the amount covered by Ext.Pl cheque, which was issued in discharge of a legally enforceable debt, inspite of the notice served on him. The trial court took cognizance of the offence. On the side of the appellant, himself and another witness were examined as PWs. 1 and 2 respectively and Exts.Fl to F7 were produced. No oral or documentary evidence was adduced on the side of the defence. When questioned under Section 313 Cr.P.C., the first respondent denied having issued Ext.Pl cheque in favour of the appellant. After trial, the court below found that the appellant failed to prove that Ext.P1 cheque was issued by the first respondent in discharge of a legally enforceable debt as per Section 138 of the Act and by the impugned judgment acquitted the accused under Section 255(l) Cr.P.C. Aggrieved by the above judgment, the appellant has filed this appeal.

(3.) Learned Counsel appearing for the appellant submits that the finding entered and the conclusion arrived at by the trial court are against facts and law. Counsel also submits that the trial court went wrong in finding that the appellant - complainant is not entitled to any legal fee other than the fee prescribed by the High Court of Kerala as published in the Kerala Gazette No. 29 dated 22.7.1969 under Notification No. B 1-80/ 61/D1 dated 7.3.1969.