J U D G M E N T

This appeal is at the instance of the complainant in CC No.21 of 2003 on the file of Judicial First Class Magistrate Court, Kothamangalam, challenging acquittal of the accused, in a complaint filed by him under Section 420 of IPC as per judgment dated 14/8/2007.

2. The case of the appellant/complainant was that, on 31/10/2001 at 5.00 pm the accused borrowed Rs.50,000/- from him, saying that he could not take money from his bank account, as the bank time was over. At the time of receiving the amount, accused issued Ext.P1 cheque for the very next day i.e 1/11/2001, assuring him that there is sufficient amount in his bank account. Accordingly, the complainant presented the cheque before bank on 1/11/2001 itself. But it was returned dishonoured for the reason ‘account closed’. He sent a registered lawyer notice to the accused on 16/11/2001 and the accused received that notice on 19/11/2001. No reply was sent and the amount was not returned. Since the accused issued a cheque from his closed bank account and received Rs.50,000/- from the complainant with a view to cheat him, he filed the complaint under Section 420 of IPC .

3. After taking cognizance, and on appearance