ANIL KUMAR Vs. STATE OF KERALA AND ORS

JUDGEMENT

(1.) The complainant in S.T.No.65 of 2010 of the Judicial First Class Magistrate-II (Munsiff), Payyannur, aggrieved by the dismissal of the complaint under Section 138 of the Negotiable Instruments Act and the consequent acquittal of the accused, is the appellant herein.

(2.) According to the complainant, he and the accused were in Sharjah and on 01.08.2005, the accused had borrowed a sum of Rs.8,00,000/- from him. It was offered that the amount would be repaid when he returns to India in 2008. Since the amount was not paid, on 03.04.2008, complainant and his brother went to the house of the accused in Kerala wherein, accused issued Ext.P2 cheque for the sum of Rs.8,00,000/-. It was returned dishonoured and consequently, a notice was issued on 18.04.2008. This was replied raising false allegations and hence, a complaint was laid invoking Section 138 of the Negotiable Instruments Act.

(3.) The accused appeared and contested the proceeding. Learned magistrate, on an evaluation of the oral evidence tendered by the complainant through PWs.1 and 2, documentary evidence in the nature of Exts.P1 to P5 and the oral testimony of DW1 on the side of the accused and Exts.D1 to D8, held that the complainant failed to prove the existence of a liability and the due execution of Ext.P1 cheque. Consequently, the accused was acquitted. This is assailed in this appeal.