JAYALAL C. D. Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed questioning the correctness and legality of the judgment passed by the Additional Sessions Court, Kottayam (Appellate Court) in Crl.A. No.341/2009, setting aside the conviction and sentence passed by the Judicial First Class Magistrate-II (Mobile), Kottayam (Trial Court), in S.T.No.1936/2008 of the second respondent for the offence under Sec. 138 of the Negotiable Instruments Act, 1988 (for brevity, 'N.I. Act'). The appellant was the complainant and the second respondent was the accused before the Trial Court. For convenience, the parties are referred to as per the status before the Trial Court

(2.) The complainant had filed S.T.No.1936/2008 before the Trial Court, alleging that the accused had committed the offence under Sec. 138 of the N.I. Act. He alleged that the accused was conducting a chitty named 'Madathiparambil Chitty Funds'. The complainant had joined a chitty in the year 1999 for a sala of Rs.1,00,000.00. The complainant had remitted the entire chitty amount. But, the accused failed to pay the chitty amount. Subsequently, the complainant and the accused jointly fixed the amount at Rs.1,00,000.00 and in discharge of the said liability, the accused had issued Ext P1 cheque dtd. 6/8/2007. The cheque, on presentation to the Bank for collection, got returned by Ext P2 memorandum for the reason "refer to drawer".

(3.) The learned Magistrate took cognizance of the offence against the accused. The accused had pleaded not guilty to the accusation made against him. In the trial, the complainant got himself examined as PW1 and Exts P1 to P7 were marked in evidence. The accused examined himself as DW1 and marked Ext D1 - ledger extract.