JAYAKUMAR N. Vs. M. SHAJIDEEN

JUDGEMENT

(1.) Revision Petitioner in Crl. R.P No. 19/2019 is the accused in a prosecution launched by the 1st respondent before Judicial First Class Magistrate Court-IV, Nedumangad (for short, "Court below") alleging commission of offences punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, "N.I Act"). Revision petitioner in Crl.R.P No. 43/2019 is the complainant in the above prosecution.

(2.) The complainant's averments in the complaint filed under Sec. 142 N.I Act to launch the prosecution are to the following effect: Himself and the accused were known to each other and the accused demanded a sum of Rs.5,00,000.00 on 10/5/2008 and he advanced the same to him. To discharge the said liability a cheque bearing No. 324294 dtd. 10/10/2008 drawn on State Bank of India, Civil Station, Kudappanakunnu Branch was issued by the accused. The cheque was presented by the complainant for encashment but was returned with a memo dtd. 3/11/2008 stating the reason for non encashment as "funds insufficient". Lawyer notice was issued by the complainant to the accused on 12/11/2008 informing the factum of dishonour of the cheque and demanding repayment of the sum. The lawyer notice was received by the accused and a reply was sent to the complainant through his counsel on 20/11/2008. The money demanded through notice was not paid and therefore, the prosecution in question was initiated.

(3.) The complaint filed was taken on file by Judicial First Class Magistrate Court-I, Nedumangad as S.T No. 33/2009 and was made over to Judicial First Class Magistrate Court-IV, Nedumangad, where the accused faced trial. Complainant examined himself as PW1 and marked Exts.P1 to P10 in evidence. Ext.X1 was also marked as Court Exhibit. Accused was examined with reference to evidence having incriminating nature brought against him by the complainant. The accused adduced oral evidence through DW1 and DW2.