Appeal against acquittal by the complainant in C.C.No.971 of 2001 on the file of the Judicial First Class Magistrate Court-I, Kochi. The appellant/complainant approached the trial court with a complaint alleging an offence under Section 138 of the Negotiable Instruments Act (in short, “the Act”).
2. In spite of sending notice directly to the appellant/complainant, there was neither appearance nor contest. Heard the learned counsel for respondents 1 and 2/accused 1 and 2.
3. Case in the complaint, stated shortly, is that the complainant is a partnership firm doing business in electrical goods. The accused purchased various goods from the complainant and in discharge of that liability, Ext.P3 cheque dated 26.11.1999 for `25,407/- was given. When the cheque was presented for collection, it was dishonoured intimating that there was no sufficient funds in the account of the accused. Thereafter, the complainant caused to issue a statutory notice to which no reply was sent by the accused persons.
4. Court below examined PW1 and DWs 1 and 2. Exts.P1 to P13 and D1 to D5 were marked.
5. Learned counsel for the accused submitted that the court below acquitted the accused persons on finding that there was no legally enforcible liability. PW1 is the power of attorney holder of the complainant. According to PW1, the cheque in question was issued for discharging a liability. Learned counsel for the accused submitted that the transaction between the complainant and the accused is not disputed. The specific case set up by the defence is that the accused had given six cheques to discharge various liabilities. All of them were bounced. Later, the accused issued yet another six cheques, drawn on various dates, to clear off the liabilities. Ext.D3 reveals the receipt of those cheques. According to the learned counsel for the accused, the entire liability has been cleared and to prove that fact, Ext.D4 passbook has been produced.
Court below considered the evidence of PW1 and found that his evidence would go to show that he was not aware the entire details of the case. Therefore, reckoning the entire evidence, court below found that the complainant failed to prove a case beyond reasonable doubt and the accused was acquitted. I find no illegality or irregularity in the judgment passed by the court below. Hence the appeal is found to be devoid of any merit.
Appeal is dismissed.
A. HARIPRASAD, JUDGE.
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