IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 CRL.A.No. 1129 of 2003() ---------------------------------- CC.501/1999 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... APPELLANT/COMPLAINANT: ----------------------------------------- M.MADHUSOODHANAN NAIR, `MADHAVAM', KURUTHANKUDI, PARASSALA P.O., TRIVANDRUM. BY ADV. MR.M.RAMESH CHANDER MR.V.TEKCHAND RESPONDENT/RESPONDENT: ------------------------------------------ RASALAYYAN, SUNDARI BHAVAN, AYINKUNNAM, KULAPPURAM VILAVANCODE, KALIYIKKAVILA, K.K. DISTRICT, TAMIL NADU. BY THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. --------------------------- CRL.A.NO.1129 OF 2003 ------------------------------ Dated this the 9th day of June, 2009 JUDGMENT This is an appeal preferred against the order of acquittal passed by the Chief Judicial Magistrate, Trivandrum in C.C.No.501/1999 of the said court. It is the case of the complainant that the accused had borrowed a sum of Rs.60,000/= and towards the discharge of the liability, had issued a cheque on 24.11.1998 and the cheque when presented for encashment, returned with the endorsement of insufficiency of funds. Thereafter a statutory notice has been issued and prosecution was launched. The case of the defence is to the effect that the accused wanted to go abroad i.e., Singapore and was badly in need of money. He was introduced to the complainant by a friend of him, who is Dw1 in the case and the complainant promised to advance him a sum of Rs. One lakh and for that purpose, he got three signed blank cheques besides two signed blank stamp papers and two signed white papers. Even there only an amount of Rs.45,000/= 2 CRL.A.NO.1129/03 was given, so it became impossible for the accused to go abroad. The definite case of the complainant as is revealed from the complaint is also to the effect that a cheque dated 24..11.1998 was issued. There is no averment in the complaint to the effect that when exactly the alleged amount was advanced. There is no case in the complaint that the cheque was given as a post dated cheque. I am referring to this for the reason that a discussion in one of the judgments brought in this case as Ext.D1 bears great importance to the subject matter of this case as well. Ext.D1 which is the judgment in C.C.No.401/2001 is a case filed by the complainant against the wife of the present accused. The averment in that case is to the effect that she had borrowed a sum of Rs.90,000/= and towards the discharge of the liability, had issued a cheque bearing date 24.9.1998. While discussing the entire subject matter, the learned Magistrate had considered those aspects in para-8 of the judgment. In that case Ext.D2 is the reply notice dated 15.6.1998. The disputed cheque is dated 24.9.1998. The court found that in the reply notice itself the wife of the present accused had mentioned about the 3 CRL.A.NO.1129/03 issuance of the three blank signed cheques bearing Nos. 606783,606784 and 606785. There is no case here as stated earlier of a post dated cheque. When the wife of the accused as early as in June, 1998 had stated about the issuance of blank cheques, it is not at all possible to believe that the accused in this case had issued a cheque bearing that number on 24.11.1998 towards the discharge of the liability. So, taking into consideration these aspects, the court below held that the contention of the accused that three blank cheques were given which had been utilised at a later time to file the case appears to be more probable. Therefore, I do not find any ground to interfere with the reasoning and order of acquittal rendered by the learned Magistrate. The appeal lacks merit and therefore, the same is dismissed. M.N. KRISHNAN, JUDGE cl 4 CRL.A.NO.1129/03 M.N. KRISHNAN, J. CRL.A.NO.1129 OF 2003 JUDGMENT 9th day of June, 2009 5 CRL.A.NO.1129/03 6 CRL.A.NO.1129/03