High Court Kerala High Court

Rev. Kv.V.Mathai vs P.V.Jose on 12 March, 2007

Kerala High Court
Rev. Kv.V.Mathai vs P.V.Jose on 12 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 1508 of 2006()


1. REV. KV.V.MATHAI,AGED 65,
                      ...  Petitioner

                        Vs



1. P.V.JOSE,AGED ABOUT 40,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.MANJU ANTONEY

                For Respondent  :SRI.JOHNSON P.JOHN

The Hon'ble MR. Justice K.THANKAPPAN

 Dated :12/03/2007

 O R D E R
                                K.THANKAPPAN, J.

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                       CRL. APPEAL  NO. 1508 OF 2006

                       ----------------------------------------------


                      Dated this the 12th  day of March, 2007


                                      JUDGMENT

This appeal is filed by the complainant in C.C.No.64 of 2005 on the

file of the Judicial First Class Magistrate’s Court, Alathur. The allegation

in the complaint was that the first respondent – accused committed offence

punishable under Section 138 of the Negotiable Instruments Act, 1881.

2. As per the complaint, Ext.P1 cheque for a sum of Rs.56,240/-

issued by the first respondent in favour of the appellant towards purchase

of rubber when presented to the bank for encashment was dishonoured for

want of sufficient funds in the account of the first respondent. After

complying with the statutory provisions, the appellant filed the complaint.

To prove the case against the first respondent, the appellant himself was

examined as PW.1 and Exts.P1 to P8 were produced. No oral or

documentary evidence was adduced on the side of the defence. After

closing the evidence of the complainant, the first respondent was

questioned under Section 313 Cr.P.C. Denying the allegations levelled

CRL.APPEAL NO.1508/2006 2

against him, the first respondent stated that the Sub Inspector of Police,

Vadakkancherry had obtained from him by coercion a signed blank cheque

and that no amount was due from him to the appellant. No evidence was

adduced by the first respondent to substantiate his case. However,

considering the entire facts and circumstances of the case, the court below

acquitted the first respondent – accused on the ground that the appellant-

complainant failed to prove the case against the accused.

3. This Court heard counsel on either side. On perusing the entire

records and appreciating the evidence, this Court is of the view that the

court below went wrong in acquitting the accused. The judgment of the

trial court is not based on any evidence and the liability of the first

respondent is clearly established by the appellant by adducing convincing

evidence. Hence, the impugned judgment is set aside.

4. Counsel on either side now submits that the matter can be settled

out of Court and for that purpose, they seek to post the case before the

Lok Adalat.

The Crl. Appeal is accordingly allowed. In the light of the

submission made by counsel on either side, the case shall be posted before

CRL.APPEAL NO.1508/2006 3

the Lok Adalat during the next sitting. It is made clear that if the matter is

not settled in the Lok Adalat, punishment shall be imposed on the first

respondent – accused as per law.

(K.THANKAPPAN, JUDGE)

sp/