E.A.NANDANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the complainant in C.C.No.1597/1998 on the file of the Judicial First Class Magistrate Court II, Aluva. The above case is initiated by the appellant against the 2 nd respondent herein for prosecuting him under Section 138 of the Negotiable Instruments Act. (Hereinafter the parties are mentioned in accordance to their rank before the trial court).

(2.) The prosecution case is that a sum of Rs.35,000/- was due to the complainant from the accused. To repay the said amount, the accused issued a cheque dated 5.9.1997 drawn on Canara Bank, Aluva. When the cheque was presented for encahsment, the same was dishonoured for the reason 'funds insufficient'. Statutory notice was issued. Even then there was no response. Hence the complaint was filed.

(3.) To substantiate the case, the complainant himself was examined as PW1. Exts.P1 to P6 are the documents marked from the side of the complainant. The accused was also examined as DW1. Three exhibits were marked on the side of the defence.