BINOY Vs. RAJU PHILIP

JUDGEMENT

(1.) Challenging the judgment of acquittal passed by the II Additional Sessions Judge, Kollam in Crl.Appeal No.90/2006, 2nd respondent in the appeal, who is the complainant before the trial court in C.C.No.933 of 2001, has come up in appeal. The case before the trial court is the result of a private complaint filed by the appellant herein as complainant, against the 1st respondent herein as accused, alleging an offence punishable under Section 138 of the Negotiable Instruments Act.

(2.) The case of the complainant is that the accused had borrowed an amount of Rs.49,000/- from the complainant on 05.08.2000 and issued Exhibit-P1 cheque dated 05.10.2000 for Rs.49,000/- to the complainant. The said cheque, when presented, returned dishonoured for insufficiency of funds in the account of the appellant. Consequently, a demand notice as contemplated under Section 138(b) of the Negotiable Instruments Act was issued. Still the amount remains unpaid.

(3.) On the side of the complainant, PW-1 was examined and Exhibits-P1 to P5 were marked. On the side of the accused, DW-1 was examined and Exhibit- D1 was marked. The trial court found the accused guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, convicted him, and sentenced him. The accused preferred Crl.Appeal No.90 of 2006, thereby challenging the conviction and sentence. The lower appellate court has disbelieved the case of the complainant and has chosen to acquit the accused through the impugned judgment.