THOMAS ABRAHAM Vs. STATE OF KERALA

JUDGEMENT

(1.) This Appeal is directed against the judgment in C.C.No.586 of 2002 of Judicial First Class Magistrate Court, ThiruvallaS (for short, 'the trial court'). The judgment was pronounced by the court in a prosecution filed by the appellant under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, the N.I Act').

(2.) The allegations in the complaint was that the accused borrowed a sum of Rs.50,000.00 from the complainant on 11/10/2000 and when that amount was demanded back, a cheque dtd. 21/12/2001 drawn on Catholic Syrian Bank Ltd. Chengaroor extension counter was executed and issued. The cheque was presented for encashment before the Corporation Bank at Pathanamthitta Branch on 4/1/2002 and it was dishonoured on 9/1/2002 for the reason of insufficiency of funds in the account maintained by the accused with the Bank. Memo to intimate about the bouncing of the cheque was issued to the complainant from the Bank on 17/1/2002. Statutory notice in writing demanding repayment of the amount within 15 days and apprising the factum of dishonour of the cheque, was issued to the accused. Despite receipt of the notice, the amount demanded was not repaid. In that context, alleging that the accused has committed the offence punishable under Sec. 138 N.I Act, the prosecution was launched by the appellant by filing a private complaint under Sec. 142 N.I Act.

(3.) The accused was summoned and on his appearance before the court, copies of all relevant prosecution records were furnished to him. On his appearance, particulars of the offence were read over to him and he pleaded not guilty. Thereupon trial was scheduled to be held and he faced trial.