JOHNSON Vs. C C MOHAN

JUDGEMENT

(1.) THIS appeal is filed by the complainant in C.C.No. 380 of 1998 on the file of the Judicial First Class Magistrate Court, Kunnamkulam. The first respondent herein was the accused in that case, which was filed by the complainant alleging commission of the offence under Section 138 of the N.I. Act.

(2.) BRIEFLY the case of the complainant is as follows. Towards repayment of the loantakenby the first respondent/accused from the appellant/complainant, a cheque dt.11.1.1997 for Rs.35,000/- drawn on the South Indian Bank, Kunnamkulam branch was issued in favour of the appellant by the first respondent. The said cheque was presented before the Federal Bank, Kunnamkulam. It was dishonoured, vide memo dt.17.1.1998, withan endorsement 'funds insufficient'. Thereupon the appellant issued Ext.P4 lawyer notice dt.27.1.1998 to the accused demanding payment of the amount covered by Ext.P1 cheque.Eventhough the notice was served on the accused on 28.1.1998, he did not send any reply and also failed to pay the amount to the appellant.

(3.) THE learned counsel for the appellant submitted that Exts.D1 and D2 documents are fabricated by the accused with deliberate intention to escape from penal liability. THE learned counsel for the appellant submitted that the complainant has proved all the necessary ingredients of the offence under Section 138 of the N.I. Act and as such the learned Magistrate is not justified in acquitting the accused.