REENA SAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in the case C.C.No.202/2019 on the file of the Court of the Judicial First Class Magistrate, Thripunithura.

(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 Act.

(3.) Annexure-A1 is the copy of the complaint. The material averments in the complaint are as follows: The complainant and the accused were acquainted with each other. The accused borrowed an amount of Rs.6,00,000/- from the complainant. When the complainant demanded repayment of the aforesaid amount, the accused issued a cheque dated 30.11.2018 for Rs.6,00,000/- in favour of the complainant in discharge of the liability. The cheque was issued at the residence of the complainant. The complainant presented the cheque in the bank. It was returned unpaid for the reason that there was no sufficient amount in the account of the accused. The complainant issued a registered lawyer notice to the accused demanding payment of the amount of the cheque. The notice was not received by the accused. It was returned to the complainant with the endorsement 'addressee out of India, so returned to sender'. The accused did not pay the amount of the cheque.