P.K.JAYAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein is the complainant in C.C.No.799/2004 of the Additional Chief Judicial Magistrate Court, Economic Offences, Ernakulam.

(2.) The complainant alleged that he had supplied different quantities of Prawns during the period 08.05.2004 to 13.05.2004 totalling to value of Rs.16,17,510/-(Rupees Sixteen Lakhs Seventeen Thousand Five Hundred and Ten only). Towards the amount payable, a sum of Rs.17,510/- (Rupees Seventeen Thousand Five Hundred and Ten only) was paid in cash by the accused to the complainant on 14.05.2004 and also handed over a cheque for a sum of Rs.16,00,000/- (Rupees Sixteen Lakhs only). The cheque, on presentation was returned dishonoured on the ground of insufficiency of funds. A statutory notice was issued, which was replied by the accused. Since the amount was not paid, the complaint was laid alleging commission of offence under Section 138 of Negotiable Instruments Act. Before the Court below, the accused appeared and pleaded not guilty. Both parties let in oral and documentary evidence. On the side of the complainant, he was examined as PW1 and Ext.P1 to P7 were marked. On the side of the accused he got examined as DW1 and Ext.D1 to D13 were marked.

(3.) The learned Trial Judge on the basis of the available materials found the accused guilty, convicted and sentenced him to undergo simple imprisonment for six months and pay a compensation of Rs.16,00,000/- (Rupees Sixteen Lakhs only). The above conviction and sentence was challenged in Crl.A.No.562/2006, by the accused. The learned Sessions Judge, on a re-evaluation of the entire materials on record differed with the findings arrived by the Court below and reversed the judgment of the Court below. The conviction and sentence was found to have resulted in substantial miscarriage of justice and the appeal was allowed. The conviction and sentence were set aside and accused was acquitted.