2013 (1) TMI 55

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....e an appeal against the order of the trial court by which the learned Magistrate in his complaint, acquitted the accused under Section 255 (1) of the Cr.P.C. 2. Learned counsel for the petitioner vehemently submitted that the accused has admitted his signature in Ext.P1 cheque and there is no denial at all. It is also the submission of the learned counsel that the accused has no consistent case as to how the cheque belonging to the account maintained by the accused reached in the hands of the complainant. According to the counsel, in spite of those facts, the learned Magistrate of the trial court came to an erroneous conclusion, based upon totally irrelevant facts that the complainant was bankrupt at the time of the transaction and there....

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....ccording to the complainant, the amount was paid to the accused on 25.11.2005, but the cheque was issued only on 13.2.2007 and the complaint was filed immediately after getting the cheque. On the basis of the admission of the complainant, when he was examined as PW1, the learned Magistrate has found that during the month of November 2005, he was having only an amount of Rs.5000/- as balance in his account. It is also found that during the month of October and November,2005, the complainant was facing attachment from Kerala Financial Corporation for Rs.9 lakhs and he was on the verge of attachment of his wife's property. According to PW1, in the attachment notice, it is stipulated that he should clear the debt to the KFC within one month. Fr....

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....bability of the complainant advancing a sum of Rs.3 lakhs to the accused without getting any documentary proof is not correct. On the other hand, the learned Magistrate was prepared to accept the case of the defence version that the cheque was clandestinely procured by the complainant with the help of the then wife of the accused, which is the consistent case of the accused right from issuing the reply to the statutory notice of the complainant. Thus, on an examination of the findings of the court below and the materials and evidence referred to in the judgment in support of the above finding, it can be seen that there is no perversity or illegality in such finding of the court below so as to interfere with the said finding in appeal, es....