ASHISH NARANG Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in the case S.T.No.1689/2018 on the file of the Court of the Judicial First Class Magistrate (N.I.Act Cases), Kozhikode.

(2.) The aforesaid case is instituted upon the complaint filed against the petitioner by the second respondent (hereinafter referred to as 'the complainant') 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 the complaint are as follows: The accused had borrowed Rs.14,00,000/- from the complainant in November, 2017. When the complainant made repeated demands for repayment of the amount, the accused executed and issued three cheques in favour of the complainant in discharge of the liability. The details of the cheques are: (1) Cheque No.563954 dated 01.07.2018 for Rs.5,00,000/-. (2) Cheque No. 563955 dated 01.07.2018 for Rs.5,00,000/-. (3) Cheque No. 563956 dated 01.07.2018 for Rs.4,00,000/-. The complainant presented the cheques in the bank. They were returned unpaid for the reason "payment stopped by the drawer". The complainant sent a lawyer notice dated 29.05.2018 to the accused demanding payment of Rs.14,00,000/-. The accused did not receive the notice and it was returned to the complainant. The accused did not pay the amount of the cheques to the complainant.