K.RAMU Vs. R.BALAN

JUDGEMENT

(1.) The order of acquittal of accused of offence punishable under Section 138 of the Negotiable Instruments Act, 1881(for short 'the N.I. Act ') in C.C. No.1055/2002 on the file of Judicial First Class Magistrate-II, Kochi, is challenged by the appellant/complainant in this appeal.

(2.) The complaint was filed by the appellant in the court below alleging that Ext.P1 cheque, dated 07.08.2002 drawn for an amount of Rs.40,000/- in his name by the accused in discharge of legally enforceable debt was dishonoured by the drawee bank on presentment, on the ground of 'insufficiency of funds'. According to the appellant, the accused borrowed an amount of Rs.40,000/- on an earlier occasion and issued Ext.P1 cheque in discharge of his debt so incurred. Upon dishonour of Ext.P1 cheque, a demand notice was sent to the accused seeking discharge of debt which was refused by the appellant. No reply notice was sent. Therefore, prosecution was initiated under Section 138 of the N.I. Act against the accused after observing the statutory formalities.

(3.) On accused denying charge under Section 138 of the N.I. Act, appellant examined himself as PW1 and the Manager of the drawee bank as PW2 before the court below. Besides the oral testimonies, Exts.P1 to P6 were also marked.