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HIGH COURT OF KERALA
C.S. Sudha, J
SIBI SIMON – Appellant
Versus
RAMLA – Respondent
| Table of Content |
|---|
| 1. details of cheque and notice (Para 2) |
| 2. trial court proceedings (Para 3) |
| 3. evidence presented by both sides (Para 4) |
| 4. trial court's findings (Para 5 , 7) |
| 5. point of consideration (Para 6) |
| 6. counsel's submission on error (Para 8) |
| 7. admission of cheque signature (Para 9) |
| 8. evidence from police officer (Para 10) |
| 9. judgment from prior case (Para 11) |
J U D G M E N T
This is an appeal under Section 378(4) Cr.P.C. filed by the complainant against the judgment dated 30/07/2013 in C.C.No.341/2010 on the file of the Judicial First Class Magistrate Court, Pattambi acquitting the accused under Section 255 (1) Cr.P.C. of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (the N.I. Act)
2. According to the complainant, the accused in discharge of an amount of ₹50,000/- issued Ext.P1 cheque dated 17/04/2010 drawn on her account maintained with the Palakkad District Co-operative Bank, Koottanad branch. When the complainant presented the cheque for collection, it was dishonoured due to insufficient funds in the account of the accused as per Ext.P2 memo dated 17/04/2010. Thereafter, the complainant caused to issue Ext.P3 notice dated 24/04/2010 calling
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