IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.L.P..No. 541 of 2009()
1. SOMASUNDARA PANICKER ,AGED 61
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. KOCHUMOL ALIAS MOLI SOJI
For Petitioner :SRI.P.HARIDAS
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :15/07/2009
O R D E R
M.N. KRISHNAN, J.
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CRL.L.P.NO.541 OF 2009
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Dated this the 15th day of July, 2009
O R D E R
This special leave petition is preferred against the order of
acquittal passed by the Judicial First Class Magistrate-II
Chaganassery in S.T.No.317 /2007.
2. The complainant would contend that the accused had
borrowed a sum of Rs. Five lakhs and towards the discharge
of the same, had issued a cheque, which when presented for
encashment, returned with the endorsement of insufficiency of
funds.
3. On the contra, the accused would contend that he
had taken a loan of Rs. Three lakhs and had repaid Rs. Two
lakhs through one Mathew Joseph and Rs. One lakh directly
and the cheque which was obtained as a blank cheque at
the time of borrowal of the amount, has been used for filing
the complaint. The complainant when examined, totally and
categorically denied any acquaintance with Mathew Joseph
and further contended that he had not encahsed any
cheques. But on production as Exts.X1 and X2 when he was
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recalled and examined, he admitted his acquaintance with
Mathew Joseph and would have a new case that there was
money transaction between him and Mathew Joseph and it
was towards that transaction, he had obtained the cheques.
The court below very correctly found that the complainant
has no rigard for truth. So, analyzing the evidence, the
court found that preponderance of probability lies on the side
of the defence rather than the complainant and therefore
ordered acquittal of the accused. I do not find any mistake
committed by the learned Magistrate.
Therefore, the Crl.L.P is dismissed.
M.N. KRISHNAN, JUDGE
cl
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