AJMAL A Vs. SAI RAVINDRAN

JUDGEMENT

(1.) THIS appeal is filed by the complainant in C.C.No. 296 of 2002 on the file of the Judicial First Class Magistrate Court - V, Trivandrum against the acquittal of the first respondent herein. The first respondent herein was the accused in that case, which was filed by the complainant alleging the commission of offence under Section 138 of the N.I. Act.

(2.) THE case of the complainant briefly is as follows. THE complainant is running the firm called 'Global Village Media Syndicate' and the accused is running a firm under the style 'M/s.ABI'S ADS'. THE accused issued a cheque for Rs.1,52,725/- in favour of the complainant on 23.11.1998. THE complainant forwarded the cheque for collection through the Bank of Baroda. THE cheque was returned with an endorsement 'funds insufficient' in the account of the accused. THE complainant issued a notice to the accused on 6.1.1999. THE accused evaded the notice and it was returned to the counsel on 16.1.1999.

(3.) THE learned counsel for the appellant submitted that execution of Ext.P1 cheque is admitted by the accused and the accused has no case that the amount is paid within the statutory period. THErefore the court below went wrong in acquitting the accused. THE learned counsel for the appellant further submitted that both parties were having a series of business transaction and that the cheque dt.31.12.1998 was issued with respect to an entirely different transaction. THE learned counsel for the first respondent supported the judgment of the court below.