ABDUL REHIMAN Vs. MURALEEDHARAN @ MURALI

JUDGEMENT

(1.) THE complainant in a prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') is the appellant since he is aggrieved by the judgment dated 5.10.2010 in S.T.No.3492 of 2008 of the court of Judicial First Class Magistrate-Alathur, by which the learned Magistrate acquitted the accused under Section 255(1) of the Cr.P.C.

(2.) THE case of the complainant is that the accused borrowed a sum of Rs.50,000/- from him during the first week of November 2007 and agreed to repay the same within 6 months. But on his failure to pay the amount, the complainant demanded for the repayment and thus the accused issued Ext.P1 cheque dated 18.6.2008 for an amount of Rs.50,000/-, which when presented for encashment dishonoured, and the same was bounced, since there was no sufficient fund in the account maintained by the accused and the accused has not repaid the amount in spite of a statutory notice served on him and thus according to the complainant, the accused has committed the offence punishable under section 138 of the NI Act.

(3.) I have heard Adv.Sri.Johnson Varikkappallil V.A. learned counsel for the appellant.