JOYS Vs. THOMAS SEBASTIAN

JUDGEMENT

(1.) This appeal by the complainant is against the acquittal of the accused for the offence under Sec. 420 IPC.

(2.) As per the complaint, on 7/1/2002, the accused approached the complainant at his residence and asked to lend him a sum of Rs.90,000.00 for his urgent necessity and as such, the accused received Rs.90,000.00 from the complainant and issued a cheque dtd. 8/1/2002 for Rs.90,000.00. It is alleged that while issuing the said cheque, the accused dishonestly induced the complainant to believe that the amount is borrowed for the business in connection with the mill and that the cheque is issued by him as the proprietor of the mill. It is stated that believing the version of the accused, the complainant accepted the cheque and subsequently, when he presented the cheque for collection, the same was dishonoured for the reason 'funds insufficient and account is individual and not in favour of the firm'.

(3.) Thereafter, the complainant issued notice dtd. 28/1/2002 to the accused and in spite of receipt of notice, the accused failed to pay the cheque amount to the complainant. It is further alleged in the complaint that the accused issued the cheque with the knowledge that the cheque was not drawn on an account maintained by the firm and he made the complainant to believe that the cheque is that of the firm Kanhirathinkal Oil and Flour Mills with the deliberate intention of cheating the complainant.