ROY MATHEW Vs. SEBASTIAN GEORGE

JUDGEMENT

(1.) This is an application filed seeking special leave of this Court under Sec.378 (4) of the Cr.P.C. so as to institute criminal appeal to challenge the judgment dated 20.4.2017 rendered by the trial court concerned (Judicial First Class Magistrate's Court-II, Changanacherry), in S.T.No. 40/2016, whereby the accused therein (R-1 herein) has been acquitted of the offence punishable under Sec.138 of the Negotiable Instruments Act. The amount covered by Ext.P-1 dishonoured cheque dated 12.1.2015 is Rs. 1.20 lakhs.

(2.) Heard Sri.Prabin Benny, learned counsel appearing for the petitioner (complainant) and Sri.Saigi Jacob Palatty, learned Prosecutor appearing for R-2 State. In the nature of the order that is proposed to be passed in this petition, notice to R-1 (accused) will stand dispensed with.

(3.) The basic defence set up by the accused in this case is that he had only given blank signed cheque to the brother of the accused in another transaction and that the same has been misused by the complainant in the present complaint. Even if it is assumed that the statutory presumption under Sec.139 of the Negotiable Instruments Act is attracted in this case, it can be seen from a reading of the trial court judgment that the said statutory presumption has been effectively and strongly rebutted by the complainant due to the following aspects: