MUHAMMED BASHEER Vs. GEETHA

JUDGEMENT

(1.) The prayer of the petitioner is for orders from this Court to grant special leave by virtue of the enabling powers conferred under section 378(4) of the Cr.P.C., 1973 so as to institute Criminal Appeal to impugn the judgment dated 8.2.2017 rendered by the trial court (Chief Judicial Magistrate's Court, Palakkad), wherein the accused therein has been acquitted of the offence punishable under section 138 of the Negotiable Instruments Act.

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

(3.) The brief of the prosecution case is that in discharge of a liability of Rs. 10 lakh owed by the accused to the petitioner complainant, the accused had issued the instant dishonoured cheque in question viz., Ext.P-1 dated 24.10.2012 for Rs. 10 lakhs, drawn from her account and payable to the complainant and that the cheque when presented, by the complainant, was dishonoured on the ground of insufficiency of funds and thereafter, the complainant had sent Ext.P-3 statutory demand notice dated 10.3.2011 calling upon the accused to pay off the amounts covered by the cheque within 15 days and that the said notice was duly served as per Exts.P3 and Ps-4 and that the accused had not responded thereto. This led to the institution of the abovesaid complaint and the conduct of the trial. During the trial, the complainant has examined himself as P.W-1 and Exts.P-1 to P-4 have been marked on behalf of the complainant. The defence has marked Exts.D-1 to D-3, but has not adduced any oral evidence.