IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 3RD JULY 2009 /12TH ASHADHA 1931 CRL.A.No. 1687 of 2003(A) ---------------------------------- ( AGAINST THE ORDER IN CR.L.P.No. 406/2003 DATED 26/09/2003 AGAINST JUDGMENT IN C.C.316/2003 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM DATED 14.8.2003) .................... APPELLANT: - ------------------- K.P.CHARLY, AGED 27 YEARS, S/O. VIJAYAN, KAVUMPURATH HOUSE, ELEMGARAM KARA, VARAPPETTY VILLAGE. BY ADV. SRI. PEEYUS A. KOTTAM RESPONDENTS: - --------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. O.V. SANTHOSH, OLIKKOTHUKUDIYIL VEEDU, VARAPPETTY P.O., KOTHAMANGALAM. BY ADVS. SRI.A.P.SUBHASH FOR R2 SRI. C.M. NAZAR, PUBLIC PROSECUTOR FOR R1 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 03/ 07 / 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ln M.N.KRISHNAN, J. ------------------------- CRL.A.NO. 1687 OF 2003 ------------------------------------- Dated this the 3rd day of July, 2009. J U D G M E N T This is an appeal preferred against the order of acquittal passed by the Judicial First Class Magistrate Court, Kothamangalam in C.C. 316/2003. It is the case of the complainant that the accused had borrowed a sum of Rs. 2,00,000/- and towards the discharge of the liability had issued a cheque which when presented for encashment returned as 'refer to drawer' as the account was closed. Thereafter, statutory notice was issued and proceedings were initiated u/s. 138 of the Negotiable Instruments Act. The defence of the accused is to the effect that the complainant was conducting a Kuri and he had joined in the Kuri and in order to get the kuri amount after he had bid it in auction, he had given a blank signed cheque as security which is utilised by the complainant to file the case. It is also his case that his father had transferred the property in favour of the complainant to discharge the liability of the accused which he had at an earlier point of time. Now the whole case depends upon the evidence tendered regarding joining the Kuri, conduct of the Kuri bidding of CRLA.NO.1687/2003 2 the Kuri and date of disposal of the Kuri amount in favour of the accused. Certainly this will be evidenced by document. So I feel the actual facts can be found out from those documents. I do not want to elaborate further. Therefore, the order of acquittal passed by the court below is set aside and the matter is remanded back to the court below for fresh consideration after affording equal opportunities to both sides to produce documentary as well as oral evidence in support of their respective contentions. The parties are directed to appear before the court below on 20.8.2009 and the matter to be disposed within a period of 3 months from the date of the appearance of the parties before the court. M.N.KRISHNAN, JUDGE ln.