V. MURALIDHARAN Vs. V.A. KUMARAN

JUDGEMENT

(1.) (1) In the case of an offence under section 138 of the N.I Act, is there any distinction between a situation wherein a person after issuing a cheque to another, closes that account, and a situation wherein a person after closing the account with the bank, manages to issue a cheque to another from that account he had already closed?

(2.) The appellant is the complainant in C.C.No.255 of 2002 of the Judicial First Class Magistrate's Court, Chavakkad, who has come in appeal by challenging the judgment of acquittal passed by the Additional Sessions Court (Adhoc -I), Thrissur, in Crl.Appeal No.22 of 2006. The 1st respondent herein is the accused in C.C.No.255 of 2002 of the Judicial First Class Magistrate's Court, Chavakkad. The said case was as a result of a private complaint filed by the appellant herein as complainant, against the 1st respondent herein as accused, alleging an offence under Section 420 IPC.

(3.) The trial court took cognizance of the offence under Section 420 IPC, conducted the trial and finally convicted the accused under Section 420 IPC and sentenced him thereunder, through judgment dated 31.12.2005. The same was taken up in appeal by the accused through Crl.Appeal No.22 of 2006. The said Crl.Appeal was allowed of by the Additional Sessions Court (Adhoc -I), Thrissur, through judgment dated 07.06.2008, whereby acquitting the accused by finding that an offence under Section 420 IPC was not established and made out.