JOSEPH HUBE Vs. K.M.SIVAN CHETTIYAR

JUDGEMENT

(1.) CHALLENGING the judgment dated 8.2.2008 in C.C.No.650 of 2006 of the court of the Judicial First Class Magistrate,Kodungallur, which is a case instituted upon a complaint preferred by the appellant for the offence punishable under Section 138 of the N.I.Act, the complainant therein preferred this appeal as the trial court acquitted the accused.

(2.) THE case of the complainant is that the accused issued a cheque dated 3.5.2006 for Rs.4,20,000/ - to the complainant to discharge the legally enforceable debt due from the accused towards the complainant and when the said cheque was presented for encashment, it was dishonourd for the reason 'the account closed' due to inoperation of the account. According to the complainant, though notice was caused to be sent to the accused demanding the return of the amount covered by the dishonoured cheque, the accused has not paid the amount, in spite of the fact that he received the statutory notice and therefore, the accused has committed the offence punishable under Section 138 of the N.I.Act.

(3.) I have heard Sri.N.Haridas, learned counsel for the appellant and Advocate Smt. Rinny Stephen Champarambil, counsel appearing for the first respondent/accused.