MURALEEDHARAN PILLAI Vs. MEENA VARGHESE

JUDGEMENT

(1.) The above appeal is filed against the judgment dated 5.3.2004 om C.C.No.511/2001 on the file of the Judicial First Class Magistrate Court III, Punalur. The above case is filed by the appellant against the 1st respondent herein, alleging the offence punishable under Section 138 of the Negotiable Instruments Act (for short 'the N.I Act'). The 1st respondent is the accused in this case (hereinafter the parties are referred in accordance with their status before the trial court).

(2.) The case of the complainant in brief is as follows: The accused and her husband Jiji Varghese borrowed a sum of Rs.80,000/- from the complainant during July, 2000. When the amount was demanded, the accused issued a cheque of Canara Bank, Punalur branch dated 1.2.2001. The complainant presented the cheque for encashment before the same bank. But the cheque was dishonoured stating the reason 'funds insufficient'. Thereafter, when the statutory notice was issued, the accused refused to pay the amount. Hence the complaint was filed.

(3.) To substantiate the case, the complainant was examined as PW1. Exts.P1 to P8 are marked on the side of the complainant. Exts.D1 and D2 are the exhibits marked on the side of the defence.