SARATH CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Aggrieved by the acquittal of the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, by judgment dated 21.08.2006 of the Judicial First Class Magistrate Court, Kolencherry, the complainant before the court below has come up in appeal after obtaining leave of this Court.

(2.) The complaint was laid by the power of attorney holder of Sanjay S. Chandran. The allegation was that a partnership business was carried on in rubber by Sanjay S. Chandran and the accused. On settlement of accounts, an amount of 6,78,197/- was found due to Sanjay S. Chandran.

(3.) Cognizance of the offence was taken by the court below. After following the necessary procedures, summons was issued to the accused. On appearance of the accused and after completing the formalities, particulars of offence were read out to him to which he pleaded not guilty and claimed to be tried. The complainant examined himself as PW1 and had Exts. P1 to P6 marked.