K CHATHUKUTTY Vs. K S PRASANNA VENKATESAN

JUDGEMENT

(1.) This appeal is filed by the complainant in C. C. No. 396/1995 on the file of the Chief Judicial Magistrate, Thalassery challenging the judgment passed by the Court below acquitting the respondent.

(2.) Petitioner filed a private complaint alleging that respondent borrowed an amount of Rs. One lakh and issued Ext. P1 cheque on 25-6-1995 in discharge of that legally recoverable debt. Appellant presented the cheque for collection on 19-5-1995 through Mamtaaram Branch of the Syndicate Bank. Cheque was dishonoured with an endorsement that the account was closed. It was also alleged that respondent had no sufficient funds also in the account maintained by him with the bank. Notice was issued demanding repayment of the amount covered by Ext. P1 cheque. Respondent issued Ext. P8 reply denying his liabilities. Hence the complaint alleging that respondent committed offences punishable under Section 138 of the Negotiable Instruments Act and Section 420 of Indian Penal Code.

(3.) When respondent appeared before learned Magistrate copies of relevant documents were furnished to him. After recording statements of complainant and witnesses charges under Section 138 of the Negotiable Instruments Act and Section 420 of Indian Penal Code were framed against respondent. Charges were read over and explained to him. He understood the same and pleaded not guilty. On the side of complainant PWs 1 to 3 were examined. Exts. P1 to P8 proved and marked. After prosecution evidence was over respondent was questioned under Section 313 of Criminal Procedure Code. He denied all incriminating circumstances brought against him. No defence evidence was adduced.