SANKARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The complainant in CC No.1309/2002 on the file of the JFCM, Mavelikkara is the appellant, who challenges the order of acquittal of offence punishable under Section 138 of the Negotiable Instruments Act (for short 'the NI Act') in a private complaint filed by him before the court below.

(2.) The complainant's case is that, on 08.07.2002 the accused borrowed an amount of Rs.3,75,000/- and in discharge of the loan liability, she issued Ext.P1 cheque dated 22.02.2002 drawn for an amount of Rs.3,75,000/- in the name of the complainant, on State Bank of Travancore, Kurathiyad branch. The cheque on presentment was dishonoured by the drawee bank for the reason that the accused did not maintain sufficient amount in her account. A demand notice sent to the accused seeking repayment of debt was accepted by her, but she failed fail to settle the transaction and further did not bother to respond also. On these facts, the appellant filed private complaint for the offence punishable under Section 138 of the NI Act before the court below.

(3.) The accused denied charge under section 138 of the NI Act contending that she had neither executed Ext.P1 cheque nor delivered it to the appellant. The defence case set up by the accused is that Ext.P1 cheque was removed from her house by appellant by committing theft. It is said that the appellant is a family friend of her and she did not have any monetory transaction necessitating issue of Ext.P1 cheque in the name of the appellant.