KUTTAN Vs. VARANAMALYAM KURIES (P) LTD.

JUDGEMENT

(1.) The petitioner is the accused in the case C.C.No.4199/2014 on the file of the Court of the Judicial First Class Magistrate-I, Thrissur.

(2.) The aforesaid case is instituted upon the complaint (Annexure-A1) filed by the first respondent company (hereinafter referred to as 'the complainant') against the petitioner for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act').

(3.) The material averments in Annexure-A1 complaint are as follows: The accused had joined the 9 th day monthly kuri started by the complainant company on 09.02.2007 as per statement No.10. He had bid the kuri on 09.02.2007. The kuri amount was paid to him by the complainant. An amount of Rs.50,320/- was due to the complainant from the accused in the kuri transaction. Towards that amount, the accused signed and gave a cheque dated 20.11.2010 in favour of the complainant. The complainant presented the cheque in the bank. It was returned unpaid for the reason that there was no sufficient amount in the account of the accused. The complainant sent a lawyer notice to the accused demanding payment of the amount of the cheque. The accused received the notice. He did not pay the amount of the cheque.