SURESH KUMAR S. Vs. VIJAYA BANK VELLAYAMBALAM BRANCH

JUDGEMENT

(1.) This instant revision is directed against the judgment dated 24.10.2011 rendered by the learned Additional Sessions Judge-I, Thiruvananthapuram in Crl.Appeal No.172/2009 which arose from the judgment rendered by the learned Chief Judicial Magistrate, Thiruvananthapuram in S.T.No.3/2008 dated 03.02.2009 convicting the accused under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for short).

(2.) The case of the 1st respondent/complainant (hereinafter referred to as 'the complainant') is that the revision petitioner/accused (hereinafter referred to as the 'accused') who stood as a guarantor for the loan of Rs.1,00,000/- taken by his wife Resmi and who in discharge of the liability of his wife issued a cheque for a sum of Rs.97,189/- to the complainant. The complainant presented the said cheque for encashment. But the cheque was returned unpaid with the endorsement 'funds insufficient'. On 07.11.2007, the complainant issued Ext.P4 legal notice to the accused through his Advocate calling upon the accused to pay the cheque amount. The said notice, sent by registered post duly served on the accused. The accused, however did not reply to the notice nor did he pay the cheque amount to the complainant.

(3.) The complainant filed a criminal complaint under Section 138 of the Act before the court below. Upon consideration of the complaint, the learned Magistrate is prima facie satisfied that a case is made out against the accused. Hence the learned Magistrate took cognizance of the offence under Section 138 of the Act and the case was taken on file as S.T.No.3/2008 on the file of the Chief Judicial Magistrate Court, Thiruvananthapuram.