PAULSON Vs. MANIKANDAN; STATE OF KERALA

JUDGEMENT

(1.) This appeal arises from the judgment in C.C.No.2387/2009 of the Judicial First Class Magistrate Court, Irinjalakuda.

(2.) The appellant laid a complaint invoking Section 138 of the Negotiable Instruments Act alleging that the accused had borrowed a sum of Rs.75,000/- from him and towards the discharge of that debt, a cheque was issued which was returned dishonoured on the ground of insufficiency of fund. A statutory notice was issued which was neither replied nor the amount paid. The accused appeared before the court below and pleaded not guilty. On the side of the complainant he was examined as PW1 and Exts.P1 to P6 were marked. On the side of the accused, he was examined as DW1 and Exts.D1 to D4 were marked. The court below, on an evaluation of the available materials, concluded that the complainant had failed to prove the due execution of the cheque. Consequently, the accused was acquitted.

(3.) This is under challenge in this appeal. Heard both sides and examined the records.