BIJU DAMODARAN Vs. K.L.JOHNY

JUDGEMENT

(1.) This appeal is filed by the complainant in C.C. No. 1389/2003, on the file of the Judicial First Class Magistrate - II, Aluva. The above case is initiated by the appellant against the 1 st respondent for prosecuting him under Section 138 of the Negotiable Instruments Act, (hereinafter the parties are mentioned in this appeal according to their rank in the trial court).

(2.) The complainant allegations is that accused had issued a cheque for Rs. 76,957/- (Rupees Seventy Six Thousand Nine Hundred and Fifty Seven only) drawn on his account at Catholic Syrian Bank as the price of textile items purchased by accused. The said cheque when presented through the account of complainant at State Bank of Travancore was returned for want of funds in the account of accused. The notice demanding payment issue by complainant was returned by accused raising untenable contentions. The amount remains unpaid. So he is liable to be proceeded under Section 138 of the Negotiable Instruments Act.

(3.) To substantiate the case, the complainant himself was examined as PW1. Exts. P1 to P9 were also marked. Exts. D1 to D11 are the defence Exhibits.