K P PHILIP Vs. UMAIBHAI

JUDGEMENT

(1.) THE appellant is the complaint and the first respondent is the accused in C.C. No. 1727 of 1998 on the file of the Judicial First Class Magistrate Court -II, Changanacherry (Mobile Court, Kottayam). THE above case arose out of a private complaint filed by the appellant against the respondent/accused for the offence punishable under Section 138 of the N.I. Act.

(2.) ACCORDING to the complainant, the accused has issued a cheque for Rs.50,000/- dt. 26.3.1998 drawn on the Federal Bank, Nedumkunnam in favour of the complainant for discharging the liability due to him. When the above cheque was sent for collection through the account of the complainant in South Indian Bank, Karukachal branch, it has been returned with an endorsement that funds are insufficient in the account of the accused to honour it. On getting intimation regarding dishonour of the cheque, the complainant has caused to issue a notice on 25.5.1998 demanding the amount covered by the cheque. The notice was received by the accused on 3.6.98. Inspite of the receipt of the notice, the accused has not cared to discharge the liability.

(3.) HEARD learned counsel for the appellants and the learned counsel for the first respondent.