ANTONY STEPHEN FERNANDO Vs. STATE OF KERALA

JUDGEMENT

(1.) The complainant in S.T.No.997/2004 on the file of the Judicial First Class Magistrate, Devikulam has filed this appeal being aggrieved by the judgment dated 14.02.2006, whereby the accused/1st respondent was acquitted of an offence under Section 138 of the Negotiable Instruments Act.

(2.) Heard Sri.Latheesh Sebastion, learned counsel on behalf of the appellant and Sri.Bobby George, learned counsel on behalf of the 1st respondent.

(3.) According to the appellant, the 1st respondent had borrowed 70,000/- from him on 15.5.2004 and when repayment ? was demanded, a cheque dated 15.6.2004 drawn on the Catholic Syrian Bank Ltd., Thodupuzha branch, had been issued, which when sent for collection returned dishonoured for the reason of insufficiency of funds in the account of the 1st respondent. When no payment was made even after the appellant had issued the statutory notice, the complaint is said to have been filed. Before the trial court, the complainant examined himself as PW1 and the Manager of the Bank as PW2. Exts.P1 to P7 series were marked. The accused did not adduce any evidence. A contention was taken on behalf of the accused that the complainant had not issued notice as contemplated by the Negotiable Instruments Act. The trial court found that the cheque was issued for discharge of a liability and that the same had been dishonoured for insufficiency of funds in the account of the accused. However, on the question of notice, the court found that it was not issued within 30 days of receipt of intimation from the Bank regarding dishonour. The 1st respondent was hence acquitted, which is challenged in this appeal.