E.K. MUHAMMED KUNHI Vs. P. EBRAHIM

JUDGEMENT

(1.) THE appellant herein is the complainant in C.C. No. 429 of 2000 on the file of the Judicial First Class Magistrate -II, Hosdurg. The complaint was filed against the first respondent alleging commission of offence under Section 138 of the N.I. Act.

(2.) THE case of the appellant is that in discharge of the amount due to him, the first respondent issued a cheque for Rs. 50,000/ -, bearing No. 0062327 dt. 8.3.2000 of Nileshwar Service Co -operative Bank Ltd., Market Road branch, Nileshwar. When the cheque was presented for collection, the same was returned due to insufficiency of funds in the account of the first respondent/accused. A memo to that effect was issued to him on 22.3.2000. He sent a registered lawyer notice to the first respondent on 4.4.2000 calling upon him to pay the amount covered by the cheque, which was received by the accused on 5.4.2000. But the first respondent did not send any reply nor repaid the amount. Hence the complaint was filed and summons was issued to the accused.

(3.) THE learned Magistrate, on considering the evidence, acquitted the accused on the ground that the evidence adduced by the complainant is not sufficient to hold that the accused has committed an offence punishable under Section 138 of the N.I. Act. Against that judgment of acquittal the complainant filed this appeal.