T C PANKAJAKSHAN S/O KUTTIKRISHNAN NAIR CHUNDAYIL HOUSE AGALI AMSOM AND DESOM MANNARKKAD TALUK Vs. M V BIJOY S/O VARKEY PARAVALAVY P O JELLIPPARA

JUDGEMENT

(1.) THIS appeal is at the instance of the complainant in a prosecution for the offence punishable under section 138 of the Negotiable Instruments Act as he is aggrieved by the judgment dated 11.11.2002 in Crl.A.No.179/2001 of the court of Sessions, Palakkad by which the learned II Additional Sessions Judge of the lower appellate court acquitted the accused, even though the learned Magistrate of the trial court by judgment dated 17.4.2001, in C.C.No.166 of 1998 convicted the accused.

(2.) THE case of the complainant is that the accused borrowed a sum of Rs.75,000/- and on demand , towards the discharge of the said liability, the accused issued Ext.P1 cheque dated 26.2.98 which when presented for encashment dishonoured for want of sufficient fund and the accused has not repaid the dishonoured cheque amount in spite of a statutory notice served on him and thus according to the appellant, the accused has committed the offence punishable under section 138 of the NI Act.

(3.) I have heard Sri K.M.Sathyanatha Menon, the learned counsel appearing for the appellant and Sri P. Vijayabhanu, the learned counsel appearing for the Ist respondent/accused. I have also perused the judgments of the courts below and I have scrutinized the evidence and materials on record.