SIJU SEBASTIAN Vs. CHANDY JOSEPH

JUDGEMENT

(1.) The appellant herein is the complainant in C.C.No.338/2000 of the Judicial First Class Magistrate Court-I, Thodupuzha, and the 1st respondent herein is the accused therein. The complainant brought the said prosecution under Section 138 of the Negotiable Instruments Act (the N.I.Act) on the allegation that a cheque for Rs.30,000/- issued by the accused in discharge of the amount borrowed by him from the complainant was bounced due to insufficiency of funds, and in spite of statutory notice, the accused failed to make payment of the cheque amount.

(2.) The accused appeared before the learned Magistrate, and pleaded not guilty when the substance of the accusation was read over and explained to him. The complainant examined himself, and proved Exts.P1 to P5 documents. The accused denied the incriminating circumstances, and projected a defence that the cheque in question was in fact handed over as a blank cheque in a chitty transaction to one Tomy, and the complainant somehow procured the said cheque from Tomy, and brought a false complaint. In defence, the accused examined two witnesses.

(3.) On an appreciation of the evidence, the learned Magistrate found the accused guilty. On conviction, he was sentenced to undergo simple imprisonment for three months, and he was also directed to pay Rs.30,000/- as compensation to the complainant. Aggrieved by the judgment of conviction dated 23.11.2002, the accused approached the Court of Session, Thodupuzha with Crl.A. No.244/2002. In appeal, the learned Additional Sessions Judge found the accused not guilty of the offence, and accordingly, he was acquitted in appeal. The said judgment of acquittal of the appellate court is under challenge in this appeal brought under Section 378(4) Cr.P.C. with the leave of this Court.