IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 Crl.L.P..No. 511 of 2009() ------------------------------------ ST.909/2008 of JUDICIAL IST CLASS MAGISTRATE ,KUNNAMANGALAM .................... PETITIONER (S) /COMPLAINANT --------------------------- RATHEESH KUMAR,S/O.BALAN NAIR, AGED 34 YEARS, NITHYA SREE HOUSE, MEDICAL COLLEGE (P.O.) KOZHIKODE. BY ADV. MR.NIRMAL. S RESPONDENT(S): ACCUSED & STATE ------------------------------ 1. SHEENA M.P. W/O.NOT KNOWN, AGED 36 YEARS,"UPASANA" PATTANAPARABA, NILIKODE (P.O.),KOZHIKODE. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.M.NAZAR THIS CRIMINAL LEAVE PETITION HAVING BEEN FINALLY HEARD ON 08/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl.L.P. NO. 511 OF 2009 = = = = = = = = = = = = = = = Dated this the 8th day of July, 2009. J U D G M E N T This special leave petition is preferred against the order of acquittal in S.T.909/08. The Court below has acquitted the accused in a 138 of Negotiable Instruments Act case. It is the case of the complainant that the accused had borrowed a sum of Rs.50,000/- and had issued a cheque towards the discharge of the liability which when presented for encashment returned with the endorsement of insufficiency of funds. It is very interesting to note that the complainant is an employee of the H.D.F.C. Bank. The accused had approached the Bank and as she was not eligible no amount was sanctioned by the Bank. The acquaintance of the complainant with the accused is seeing her on the premises of a Temple. It is too difficult to believe the case that people will start advancing large sum of money like Rs.50,000/- on merely seeing somebody from a Temple. The Court below has Crl.L.P. 511 OF 2009 -2- considered the matter elaborately and it has to be stated that it does not call for any interference. So this Crl.L.P. is dismissed. M.N. KRISHNAN, JUDGE. ul/-