P.R.RAMAKRISHNA KARNAVER Vs. ABUBACKER

JUDGEMENT

(1.) THE complainant in a prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') is the appellant as he is aggrieved by the order dated 25.3.2009 in C.C.No. 351 of 2007 of the court of the Judicial First Class Magistrate, Chengannur by which the learned Magistrate acquitted the accused under Section 255(1) of the Cr.P.C.

(2.) THE case of the complainant is that towards the discharge of the debt of Rs.2 lakhs due to the complainant, the accused executed and issued Ext.P1 cheque for an amount of Rs.2 lakhs, which when presented for encashment, dishonoured for want of sufficient fund in the account maintained by the accused and the accused has not repaid the amount in spite of statutory notice. Thus, the accused has committed the offence punishable under Section 138 of the N.I.Act.

(3.) I have hard Sri.Iype Joseph, learned counsel for the appellant and I have perused the judgment of the trial court.