REV KV V MATHAI Vs. P V JOSE

JUDGEMENT

(1.) This appeal is filed by the complainant in C.C.No.64 of 2005 on the file of the Judicial First Class Magistrate's Court, Alathur. The allegation in the complaint was that the first respondent - accused committed offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

(2.) As per the complaint, Ext.P1 cheque for a sum of Rs.56,240/- issued by the first respondent in favour of the appellant towards purchase of rubber when presented to the bank for encashment was dishonoured for want of sufficient funds in the account of the first respondent. After complying with the statutory provisions, the appellant filed the complaint. To prove the case against the first respondent, the appellant himself was examined as PW.1 and Exts.P1 to P8 were produced. No oral or documentary evidence was adduced on the side of the defence. After closing the evidence of the complainant, the first respondent was questioned under Section 313 Cr.P.C. Denying the allegations levelled against him, the first respondent stated that the Sub Inspector of Police, Vadakkancherry had obtained from him by coercion a signed blank cheque and that no amount was due from him to the appellant. No evidence was adduced by the first respondent to substantiate his case. However, considering the entire facts and circumstances of the case, the court below acquitted the first respondent - accused on the ground that the appellant- complainant failed to prove the case against the accused.

(3.) This Court heard counsel on either side. On perusing the entire records and appreciating the evidence, this Court is of the view that the court below went wrong in acquitting the accused. The judgment of the trial court is not based on any evidence and the liability of the first respondent is clearly established by the appellant by adducing convincing evidence. Hence, the impugned judgment is set aside.