RAJAN Vs. SHARAFUDHEEN

JUDGEMENT

(1.) The complainant is the appellant. The complaint filed by him alleging commission of the offence punishable under S.138 of the N.I. Act against the accused ended in acquittal.

(2.) The complainant alleged that the accused had issued cheques for Rs. 90,000/- to him for the discharge of a legally enforceable debt / liability. The said cheques when presented for encashment were dishonoured by the bank of the ground of insufficiency of funds. Notice of demand was issued as insisted by S.138 of the N.I. Act. It was duly received and acknowledged. But no payment was made as demanded. It is in these circumstances that the complainant came to court with this complaint.

(3.) Cognizance was taken by the learned Magistrate. The accused entered appearance and denied the offence alleged against him. Thereupon the complainant examined himself as PW.1. An official of the drawee bank was examined as PW.2. Exts.P1 to P13 were marked.