GEORGE RAPHEAL Vs. THOMAS GEORGE

JUDGEMENT

(1.) THIS is a petition for special leave to appeal against the judgment in C.C. No. 1941 of 2004 on the file of the Judicial First Class Magistrate's Court-I, Aluva.

(2.) THE appellant filed the complaint alleging that the cheque issued in his favour by the first respondent when presented to the bank for encashment was dishonoured stating that the account of the first respondent was closed. To prove the case against the first respondent, the appellant himself was examined as PW.1 and Exts.P1 to P9 were produced. Ext.D1 was produced on the side of the defence, but no witness was examined. After closing the evidence of the complainant, the first respondent was questioned under Section 313 Cr.P.C. Denying the allegation, the first respondent stated that there was no financial transaction between himself and the appellant which led to the issuance of the cheque in question. After considering the entire evidence, the court below found that the appellant failed to prove that the cheque in question was issued by the first respondent in discharge of a legally enforceable debt as stated in the complaint. On a re-appreciation of the entire evidence, this Court is of the view that the appellant failed to prove any financial transaction between himself and the first respondent so as to attract an offence under Section 138 of the Negotiable Instruments Act, 1881. In the above circumstances, the impugned judgment requires no interference by this Court. THE Crl. Leave Petition is accordingly dismissed.