P V GANGADHARAN Vs. PRAMOD K

JUDGEMENT

(1.) This is a petition seeking special leave of this Court under Sec. 378(4) of the Cr.P.C. to institute criminal appeal so as to challenge the judgment dated 31.7.2012 of the appellate Sessions Court concerned (Court of Sesions, Thalassry) in Crl.Appeal No.541/2017, whereby the accused for the offence punishable under Sec.138 Negotiable Instruments Act has been acquitted. The petitioner herein is the complainant and the 1 st respondent herein is the accused in S.T.C.No.399/2010 on the file of the Judicial First Class Magistrate's Court-I, Kannur. The dishonoured cheque involved in this case is for Rs. 1,50,000/-. The trial court as per the judgment rendered on 30.9.2011 had convicted the accused for the abovesaid offence and has sentenced him to undergo simple imprisonment for 3 months and to pay compensation of Rs. 1,50,000/- to the complainant under Sec. 357(3) of the Cr.P.C. and in default thereof, to suffer simple imprisonment for a further period of 2 months. Aggrieved thereby, the accused had filed Crl.Appeal No. 541/2011 before the the Court of Sessions, Thalassery, and the said appellate court had reversed the judgment of conviction and had thereby acquitted the accused.

(2.) Heard Sri.R.Kishore, learned counsel appearing for the petitioner (complainant) and Sri.Saigi Jacob Palatty, learned Prosecutor appearing for R-2 State.

(3.) The brief of the case of the complainant is to the effect that, in discharge of a liability of Rs.1,50,000/- owed by the accused to the complainant, the respondent accused had issued Ext.P-1 cheque dated 5.5.2009 for Rs. 1,50,000/- and the said cheque when presented resulted in dishonour and that, after adhering to the statutory formalities, the complainant had instituted the abovesaid complaint, which led to the conduct of the trial.