S. ABITHA BEEVI, SHERIFA MANZIL Vs. TITUS GEORGE

JUDGEMENT

(1.) THE complainant in a prosecution for the offence punishable under Section 138 of the N.I. Act is the appellant herein as he is aggrieved by the judgment dated 17/10/2006 in C.C.No.479 of 2004 of the court of the Judicial First Class Magistrate Court -V (Special Court for Marklist Cases), Thiruvananthapuram by which the learned Magistrate acquitted the accused, who faced the prosecution for the said offence.

(2.) THE case of the complainant is that, the accused borrowed an amount of Rs.1,00,000/ - from the complainant and towards its repayment the accused had issued two cheques bearing number 435967 dated 01/8/2002 and 435968 dated 01/09/2002 each for Rs.50,000/ - and when the said cheques were presented for encashment, the same were returned for the reason of insufficiency of the fund in the account maintained by the accused and though an attempt was made to serve statutory notice on him, he refused the same and thereafter no money was paid and thus according to the complainant the accused has committed the offence punishable under Section 138 of the N.I. Act.

(3.) I have heard Sri.S.Santhosh Kumar, the learned counsel for the appellant and Adv.Sri.Praveen Vyasan, the learned counsel appearing for the first respondent.