LAWS(KAR)-2013-10-444

BINA VIJAY KUMAR Vs. P SREEDHARAN NAMBOOTHIRI

Decided On October 25, 2013
BINA VIJAY KUMAR Appellant
V/S
P SREEDHARAN NAMBOOTHIRI Respondents

JUDGEMENT

(1.) The appellant was the complainant in C.C.No.2648/2004. He had initiated complaint alleging an offence punishable under section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act') against respondent-accused.

(2.) I have heard learned counsel for appellant (hereinafter referred to as 'complainant' and learned counsel for respondent (hereinafter referred to as 'accused').

(3.) It is alleged in the complaint that accused towards amount due to complainant had issued cheque bearing No.973527 dated 07.09.2004 for a sum of Rs.5,00,000/- drawn on ICICI Bank, Kochi Branch, Emgee Square, Padma Junction, M.G.Road, Ernakulam, Kochi, in favour of complainant. On presentation, cheque was dishonoured for want of funds. The complainant caused legal notice and the same was served on accused on 04.10.2004. There was no response from accused. Therefore, complaint was initiated. The complainant was examined as PW1 and documents filed by her were marked as Ex.P.1 to Ex.P.6. On behalf of accused, one Ramesh was examined as DW1 and accused himself was examined as DW2.