RAVINDRANATHAN Vs. HUSSAIN

JUDGEMENT

(1.) This revision is directed against the order on M.P. No. 2253 of 1991 passed by the Judicial Magistrate of the First Class, Kochi.

(2.) A complaint was filed by the petitioner against the respondent alleging that he committed an offence punishable under S.138 of Act 66 of 1988. The court dismissed the complaint finding, that-

(3.) In my view, the impugned order is unsustainable. The Magistrate has misunderstood the relevant legal provisions. It is not in dispute that the respondent issued a cheque for Rs.8,000/-. It was presented on 1-4-1991 and was dishonoured on the next day. It was represented on 9-5-1991 and again it was dishonoured. Thereupon, the petitioner sent a notice to the respondent on 14-5-1991, which was accepted by him on 27-5-1991. There was no payment as demanded and therefore the complaint was laid.