PURNIMA DISTRIBUTORS Vs. M.P. THIMMAPPA

JUDGEMENT

(1.) The appellant herein is the complainant in S.T. No. 7148 of 2011 on the file of the Judicial First Class Magistrate Court-II, Ernakulam. The aforesaid complaint was submitted by the complainant against the 1st respondent herein, for the offences punishable under Sec. 138 of the Negotiable Instruments Act.

(2.) The averments in the complaint is as follows: The appellant is a partnership firm engaged in the business of sale of various kinds of paper products. The 1st respondent/accused used to purchase various products from the appellants herein. The aforesaid purchases are used to be made by the 1st respondent on credit basis. Towards the value of goods so purchased on credit basis, the 1st respondent issued a cheque for Rs.6,68,318.00 and on presentation of the said cheque, it was returned by the bank on the reason "funds insufficient". Statutory notice was sent to the 1st respondent on 8/3/2011. The 1st respondent did not pay the cheque amount but sent a reply notice stating that the cheque was issued as security for the transaction with the appellant. The complaint was submitted in the above circumstances.

(3.) In support of the contentions of the appellant, the power of attorney holder of the appellant was examined as PW1 and documents Exts. P1 to P8 were marked. After closure of the prosecution evidence, the 1st respondent accused was examined under Sec. 313 Cr.P.C., during the course of which incriminating materials brought out in the trial against him were put to him which he denied. No defence evidence was adduced by the 1st respondent.