Arjun Amaravathi Chits Pvt. Ltd vs State Of Kerala
2023 Latest Caselaw 2631 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
    FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944
                         CRL.A NO. 728 OF 2022
 AGAINST THE ORDER/JUDGMENTST 1767/2014 OF JUDICIAL MAGISTRATE OF
                        FIRST CLASS , MANNARKAD
APPELLANT/S:

            ARJUN AMARAVATHI CHITS PVT. LTD
            MANNARKKAD BRANCH, REP. BY SRI. MANIKANDAN AGED 48
            YEARS, S/O. LATE SANKARA GUPTAN, RESIDING AT PERINCHIRA
            HOUSE, PULLISSERY P.O., KARAKURUSSI, MANNARKKAD TALUK,
            PALAKKAD DISTRICT, PIN - 678582
            BY ADV GEORGE CHERIAN


RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,
            ERNAKULAM, PIN - 682031
    2       SYED FAZAL
            S/O. IMBICHIKOYA THANGAL, KIZHAKKEPURATHU HOUSE,
            MANNARKKAD P.O., PIN - 678582
OTHER PRESENT:

            PP SRI RENJITH GEORGE


     THIS   CRIMINAL    APPEAL   HAVING    COME   UP   FOR   ADMISSION   ON
24.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.A NO. 728 OF 2022
                                  2

                      JUDGMENT

Dated this the 24th day of February, 2023

The complainant in ST No.1767/2014 of the Judicial First

Class Magistrate Court, Mannarkkad had filed this appeal

aggrieved by the acquittal of the accused / the 2 nd respondent in

that case. The case originated on a complaint filed by the appellant

against the 2nd respondent alleging commission of the offence

punishable under Section 138 of the Negotiable Instruments Act.

2.The trial court on appreciation of evidence found that the

the complainant had failed to prove the existence of a legally

enforceable debt or liability. The documents produced by the

appellant were not accepted in evidence, they being

unauthenticated copies.

Having carefully gone through the impugned judgment, I find

that the trial court had properly appreciated the evidence and

correctly applied the law. As such there is no scope for

entertaining this appeal against acquittal.

In the result, the criminal appeal is dismissed.

Sd/-

V.G ARUN JUDGE SJ