BIJU KURIAKOSE Vs. KAMAL KUMAR

JUDGEMENT

(1.) Dissatisfied with the judgment of acquittal passed by the Judicial First Class Magistrate's Court-III, Kottayam in C.C.No.101/2005, the complainant before the court below has come up in appeal. The complaint before the court below was filed by the appellant as complainant, against respondents 1 and 2 herein as accused, alleging an offence punishable under Section 420 read with Section 34 IPC.

(2.) The case of the complainant is that both the accused, who are husband and wife approached the complainant at hotel Suryas at Kottayam on 14.01.2004 and borrowed an amount of 1,20,000/-, on agreeing to repay the same on 14.02.2004. The complainant parted with the amount to the accused on the specific promise by the accused that the amount would be repaid on 14.02.2004, through Ext.P1 cheque. Ext.P1 cheque was issued by the 1st accused, and the 1st accused affixed the signature in the cheque in the presence of the complainant. When the complainant presented the said cheque, it returned dishonoured with the dictums "drawer's signatures differs" and "funds insufficient." On enquiries made by the complainant, it was revealed that Ext.P1 cheque was one issued by the 1st accused from the accounts of the 2nd accused, deliberately with intent to defraud and cheat the complainant. Even though a notice demanding the amount was issued, the amount was not paid. At the same time, the accused have resorted to false and untenable contentions through a reply notice caused to be issued through a lawyer.

(3.) The complaint was filed by alleging the offence punishable under Section 420 IPC. The sworn statement of the complainant was recorded and the court below took cognizance for the offence under Section 420 read with Section 34 IPC. On the side of the complainant, PWs.1 to 3 were examined and Exts.P1 to P8 were marked. The accused were examined under Section 313 Cr.P.C.