VINOD KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein seeks leave of this Court in terms of Sec.378 (4) of the Cr.P.C. for filing Criminal Appeal so as to challenge the impugned judgment dated 27.12.2016 rendered by the Judicial First Class Magistrate's Court, South Paravoor, Kollam, whereby the accused in C.C.No.402/2008 was acquitted. The appellant herein was the complainant in the abovesaid C.C.No.402/2008, in which the 2 nd respondent herein was arrayed as accused for offence under Sec.138 of the Negotiable Instruments Act.

(2.) The case of the complainant is that on 2.3.2008, the accused had come to his house and had borrowed an amount of Rs.6 lakhs and that the accused had given him the instant cheque dated 3.3.2008 in question from his account for Rs.6 lakhs and that the cheque was singed in his presence. That the accused had promised the complainant that on presentation of the said cheque any day on or after 3.3.2008, the cheque could be encahsed. That the complainant had presented the said cheque on 10.4.2008, which resulted in dishonour, and upon receipt of memo of intimation in that regard, the appellant had sent the requisite statutory demand notice calling upon the accused to make the payment of the amount covered by the said cheque within 15 days, by sending registered notice in that regard. That the accused has received the said registered notice on 6.5.2008 and reply dated 19.5.2008 was received by the complainant. Since no payment was received from the accused, the instant complaint was filed, which resulted in the trial.

(3.) During the trial, the complainant had examined himself as P.W-1 and the mother of the complainant was examined as P.W-2. The defence had examined DW-1 (mother of the accused) and DW-2 (Police Officer in the rank of S.I. of Police) and had marked marked Exts.D-1 to D-7 documents. The trial court has rendered the impugned judgment on 27.12.2016 acquitting the accused.