K P SAHADEVAN Vs. T K SREEDHARAN

JUDGEMENT

(1.) Appeal against acquittal. The complainant in C.C. 241/89 before Judicial First Class Magistrate, Kannur is the appellant.

(2.) The complaint was one under S.142 of the Negotiable Instruments Act alleging commission of offence under S.138 of the Act. The complainant is the President of the Kannur District Motor Engineering Metal Workers Union. The accused was the proprietor of T.K. Automobiles and General Engineering Service and two other concerns. His factory was closed with effect from 3-9-1987. In pursuance to conciliation proceedings initiated by District Labour Officer, Kannur the disputes between the management and the union were settled and a sum of Rs. 1,50,583/- was agreed to be paid to the workers. The amount was not paid as agreed. Since then a sum of Rs. 29,700 was paid. Towards the balance a cheque for Rs. 1,17,000 was issued which when presented in the bank was returned with the endorsement "refer to the drawer". Notice under proviso (b) to S.138 was sent by the complainant. The accused, received that notice, but did not send any reply. Hence the complaint.

(3.) The accused pleaded not guilty to the charge. The Magistrate found him guilty, convicted him and sentenced him to pay a fine of Rs. 1,57,000/- and in default to undergo R.I. for a period of one year. Out of the fine if realised a sum of Rs. 1,17,000/- was directed to be paid to the complainant as the amount due under the cheque and the balance of Rs. 40,000/- as compensation under S.357 Criminal Procedure Code. On appeal, Sessions Court, Thalassery set aside the conviction and sentence and acquitted the accused. Hence this appeal after obtaining special leave.