IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 CRL.A.No. 316 of 2005() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.743/2004 Dated 26/11/2004 CC.1030/1998 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... APPELLANT(S): COMPLAINANT: ------------------------------------- M/S. MANIKANDAN AUTOMOTIVES, XXXIX/5335, ALAPPAT EXTENTION ROAD, KOCHI-16, REPESENTED BY POWER OF ATTORNEY HOLDER MR. P.A. BENADICT. BY ADV. SRI.PAULSON C.VARGHESE RESPONDENT(S): ACCUSED: --------------------------------- 1. MR. KRISHNA KUMAR, NAYANAN (KUTIKAD) NEAR NORTH FORT GATE, MAIN ROAD, THRIPUNITHURA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE R2 BY PUBLIC PROSECUTOR SRI. I.V.PRAMOD THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs N.K.BALAKRISHNAN, J ----------------------------------------- Crl.Appeal Nos.316 OF 2005 ---------------------------------------- Dated this the 3rd day of August, 2011. JUDGMENT Heard counsel for the appellant and the first respondent/complainant. The case filed by the complainant alleging offence under Section 138 of Negotiable Instruments Act ended in acquittal under Section 255 (1)Cr.P.C. This appeal is directed against the said acquittal. The learned counsel for the appellant would submit that between the same parties and in respect of the same set of facts there was another Criminal Appeal, CRA.No. 1495 of 2004. This court dismissed it as per judgment dated 12.12.2008. On going through the judgment in this case I find that the order of acquittal passed by the learned Magistrate is correct. The case of the complainant that Ext.P2 Crl.Appeal Nos.316 OF 2005 2 cheque was issued in discharge of a legally enforceable debt of Rs.35,879/- remained unsubstantiated. Therefore, the order of acquittal is only to be confirmed. This appeal is hence dismissed. N.K.BALAKRISHNAN, JUDGE mns