SHAHIDA H. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in the case C.C.No.423/2017 on the file of the Court of the Judicial First Class Magistrate-III, Palakkad.

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

(3.) Annexure-A1 is the copy of the complaint. The material averments in Annexure-A1 complaint are as follows: The complainant and his wife Hemalatha, Gafoor and the accused were partners of the firm by name "Nora Foods". They had executed a partnership deed on 17.02.2015. The complainant and his wife retired from the partnership on 16.06.2016. At the time of retirement of the complainant and his wife, a memorandum of understanding was executed on 15.06.2016 by them and Gafoor and the accused. As per the memorandum of understanding and the deed of retirement, the accused and Gafoor had agreed to settle the account of the complainant and his wife. The accused signed and issued a cheque dated 31.12.2016 for Rs.18,00,000/- to the complainant in discharge of that liability. The complainant presented the cheque in the bank. It was returned unpaid on 10.01.2017 for the reason that there was no sufficient amount in the account of the accused. The complainant sent a lawyer notice to the accused on 31.01.2017 demanding payment of the amount of the cheque. The accused received the notice on 06.02.2017. She sent a reply raising false contentions. She did not pay the amount of the cheque. After receiving the notice, on 04.03.2017, she paid an amount of Rs.30,000/- to the complainant through bank transfer.