JOSE SEBASTIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The above appeal is filed by the complainant in C.C.No.30/2001 on the file of the Judicial First Class Magistrate Court I, Alappuzha. The appellant filed the above case against the

(2.) nd respondent herein, alleging the offence punishable under Section 138 of the Negotiable Instruments Act. (for short 'the N.I Act ') (Hereinafter the parties are mentioned in accordance to their rank before the trial court). 2. The case of the complainant is that on 26.2.2000 the accused came to the house of the complainant and demanded a loan of Rs.60,000/- and promised that he would be issued cheque for the said amount. Believing the words of the accused, on 5.3.2000, an amount of of Rs.60,000/- was given to the accused as loan from the house of the complainant's wife at Aryad Panchayath. It is the further case of the complainant that, the accused issued two cheques dated 7.6.2000 and 10.8.2000 for Rs.30,000/- each drawn on the Alappuzha branch of the Syndicate Bank. When the cheques were presented for collection on 16.8.2000, they were dishonoured on 18.8.2000, due to the 'insufficiency of funds' in the account of the accused. Statutory notice was issued on 23.8.2000. It is the case of the complainant that, though the accused received the notice on 30.8.2000, he failed to pay the cheque amount. It is the further case of the complainant that, no reply notice was issued by the accused.

(3.) To substantiate the case, the complainant himself was examined as PW1. Exts.P1 to P7 are the exhibits marked on the side of the complainant. Two witnesses were examined on the side of the accused. DW2 is the accused himself. Exts.D1 to D3 are the exhibits marked on the side of the defence.