M. I. KUMARAN Vs. ABDUL KARIM

JUDGEMENT

(1.) THE appellant is the complainant in CC No. 555 of 1997, the proceedings initiated under S.138 of the Negotiable Instruments Act with respect to the dishonour of the cheque for Rs. 1,00,000/-. The Trial Court acquitted the accused on the ground that the cheque was dishonoured for the reason that the signature differed.

(2.) THE evidence adduced in the matter consisted of the testimony of PWs 1 to 4 and Exts. P1 to P7. No defence evidence was adduced. It is seen from the proceedings of the court below that the cheque was forwarded for expert opinion on the application of the complainant, but the same was returned for want of sufficient number of admitted signatures. The same was not further sent. The court on a comparison found that there is variation in signatures.