JUDGMENT

Dated this the 13th day of November 2020 ..

The above appeal is filed by the State of Kerala against the judgment dated 19.10.2004 in Criminal Appeal No.96 of 2003 on the file of the Additional Sessions Judge, North Paravur.

2. The above case is charge sheeted by the Sub Inspector of Police, Aluva against the respondent/accused alleging offences punishable under Section 420 of the Indian Penal Code (IPC).

3. The prosecution case is that, the accused promised to arrange a job for PW2 in Appolo Tyres at Chalakudy and obtained a sum of Rs.50,000/- from prosecution witness No.1 on l7.10.1997. Since the appellant failed to arrange the job within three months as was undertaken, he issued a cheque for the amount received by him and when the cheque was presented for collection, it was dishonoured on account of the closure of the account of the accused. So, according to the prosecution, the accused committed the offence under Section 420 IPC.

4. To substantiate the case, the prosecution adduced evidence before the trial court. The trial court convicted the accused under Section 420 IPC. He was sentenced to undergo simple imprisonment for one year and to pay an amount of Rs.50,000/- as compensation. In default of payment of the compensation, he is directed to undergo simple imprisonment for three months. 5. Aggrieved by the above conviction and sentence, the accused filed an appeal before the Sessions Court, North Paravur.

6. The learned Sessions Judge, after going through the entire oral and documentary evidence, came to the conclusion that, the accused is not guilty for the offence alleged against him and hence the accused was acquitted.

7. Aggrieved by the acquittal order, this appeal is filed by the State.

8. Heard.

9. The appellate court after considering the entire oral and documentary evidence, came to the conclusion that, the offence under Section 420 IPC is not made out. The appellate court considered the ingredients of the offence under Section 420 IPC and discussed the matter in detail in the impugned judgment. The appellate court also relied the judgment of this Court reported in 1967 KLT 804. The appellate court, thereafter, came to the conclusion that, Section

420 IPC is not made out.

10. I perused the impugned judgment and the entire oral and documentary evidence available in this case. I see no reason to interfere with the above finding of fact by the appellate court. The presumption of innocence is strengthened once a criminal court acquitted an accused. Admittedly, the prosecution case is that, a cheque is issued and the same is dishonoured because ‘the account is closed’. In such a situation, Section 420 is not made out unless the ingredients of cheating explained in Section 415 IPC are made out. The appellate court, after considering the entire oral and documentary evidence, came to the conclusion that, the accused is not guilty. Accordingly, the appellate court allowed the appeal and the conviction and the sentence imposed by the lower court were set aside. I see no reason to interfere with the above acquittal order in an appeal against acquittal.

Hence, in the light of the above discussions, this criminal appeal is dismissed confirming the judgment dated 19.10.2004 in Crl.Appeal No.96 of 2003 on the file of the Additional Sessions Court, North Paravur.