DASAN Vs. SULAIKHA

JUDGEMENT

(1.) The appellant is the complainant before the court below in C.C.No.68/2009, which was a prosecution under section 138 of the Negotiable Instruments Act, 1881, (for short "the NI Act"). The court below after the trial acquitted the accused, against which this appeal has been filed after obtaining special leave from this Court.

(2.) Heard.

(3.) The court below acquitted the accused on two reasons. The first reason stated by the court below is that PW1 was not having consistent version with regard to the lending of money to the accused persons. In the complaint as well as in the affidavit filed in lieu of the examination-in-chief of PW1, it was stated that the money was given to Daya Kudumbasree, Chalingad. The accused persons are the President, Secretary and Treassurer of Daya