N.S.SABU Vs. S.VENUGOPALAN NAIR

JUDGEMENT

(1.) The appellant is the complainant in C.C. No.12 of 2004 on the file of the Judicial First Class Magistrate Court-IV (Mobile), Thiruvananthapuram.

(2.) The above case is filed by the appellant against the 1st respondent for prosecuting him under Section 138 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code. The learned Magistrate took cognizance only under Section 138 of the Negotiable Instrument Act.

(3.) The case of the complainant is that, the accused borrowed an amount of Rs.4,40,000/- from the complainant on different dates for the business purpose of the accused. Bank interest was given regularly by the accused through his brother-in-law. On demand of the amount, the accused issued a cheque dated 20.11.2003 drawn on Vysya Bank, Vazhuthacaud branch, Thiruvananthapuram. When the cheque was presented for collection, it was returned for the reasons "funds insufficient" and "drawer's signature differs". A lawyer notice was issued to the accused. The accused sent a reply. But the amount was not paid. Hence, the present complaint was filed alleging offences under Sections 138 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code. As I stated earlier, the learned Magistrate took cognizance only under Section 138 of the Negotiable Instruments Act.