K BRIGHT JAYA KUMAR Vs. J JOHNRICH PREMKAR

JUDGEMENT

(1.) The Criminal Appeal is filed against the order passed by the learned Principal District Munsif cum Judicial Magistrate, Ereniel in S.T.C.No.2851 of 2004, dated 10.01.2007.

(2.) The appellant / complainant filed a complaint under Sections 138 and 142 of Negotiable Instruments Act in S.T.C.No.2851 of 2004 on the file of Principal District Munsif cum Judicial Magistrate, Ereniel. After service of notice, the respondent / accused had appeared and after trial, the learned Judicial Magistrate found that the complainant has not proved his case as stated in the complaint. Therefore, the complaint was dismissed and the respondent / accused was acquitted. Against the order of acquittal, the complainant filed the present criminal appeal before this Court under Section 378 of Cr.P.C.

(3.) The learned counsel appearing for the appellant/complainant would submit that once the respondent / accused admitted the issuance of the cheque, then he cannot plead that the debt is barred by limitation and in this case, the respondent/accused has issued the cheque on 16.02.2014 and the same was presented before the Bank. The Bank returned the cheque with an intimation on 29.06.2004. Therefore, the appellant/complainant issued a notice on 12.07.2004, through his Advocate and the same was acknowledged by the respondent / accused, on 14.07.2004. On receipt of the notice, the respondent/accused has neither paid the amount nor sent any reply. Hence, the appellant/complainant has filed the complaint before the jurisdictional Magistrate under Sections 138 and 142 of the Negotiable Instruments Act. The respondent / accused has not denied the issuance of the cheque and he has stated that he borrowed the amount only in the year 2000, for which he had issued the cheque and therefore, the debt is barred by limitation. Once he admitted the issuance of cheque, now he cannot raise the defence that the debt is barred by limitation and the appellant/complainant has placed reliance on the judgment of Kerala High Court in Joseph vs. Devasia,2003 3 Crimes 229 and prays for setting aside the order of acquittal passed by the learned Judicial Magistrate.