IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 Crl.L.P..No. 541 of 2009 ------------------------------- ST.317/2007 of J.M.F.C - II, CHENGANACHERRY .................... PETITIONER/COMPLAINANT ------------------------------ SOMASUNDARA PANICKER ,AGED 61 S/O.LATE K.RAMA PANICKER, 'SOUMINI' PERUNNAI PO, CHANGANACHERRY. BY ADV. SRI.P.HARIDAS SMT.SIMLA PRABHAKARAN SMT.SHIJIMOL M.MATHEW SRI.RENJI GEORGE CHERIAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. KOCHUMOL ALIAS MOLI SOJI AGED 41, W/O.SAJI V.JACOB BETHEL HOUSE, NEAR S.B.HIGH SCHOOL,CHANGANACHERRY. PUBLIC PROSECUTOR SRI.C.M.NAZAR. THIS CRIMINAL LEAVE PETITION HAVING BEEN FINALLY HEARD ON 15/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.N. KRISHNAN, J. --------------------------- CRL.L.P.NO.541 OF 2009 ------------------------------ 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 2 CRL.L.P.NO.541/09 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 3 CRL.L.P.NO.541/09 4 CRL.L.P.NO.541/09