BAIJU G. NATH, LAIJU NIVAS Vs. GIRIJA KRISHNAKUMAR

JUDGEMENT

(1.) This petition is filed to grant leave to file appeal against order of acquittal.

(2.) Petitioner is the complainant. He filed a complaint under section 138 of Negotiable Instruments Act on the allegation that accused borrowed Rs. 2,50,000.00 from the complainant and issued a cheque for the discharge of the said debt, which on presentation before the bank was returned unpaid for reason of insufficiency of fund and the accused did not pay the amount despite notice etc.

(3.) To prove prosecution case, PW1 was examined. Ext.P1 to P5 were marked. Accused examined herself as DW1. According to accused she had not issued any cheque to complainant but a cheque given to one Joy was misused by complainant to file the complaint.