K.PRAKASAN Vs. ANJILICHIRA S/O. BAVAKUNJU

JUDGEMENT

(1.) THE complainant in a prosecution for the offence punishable under Section 138 of the N.I. Act is the appellant, as he is aggrieved by the judgment dated 28/11/2007 in C.C.No.143 of 2005 of the court of the Judicial First Class Magistrate-I, Cherthala, by which the learned Magistrate acquitted the accused under Section 255(1) of Cr.P.C.

(2.) THE case of the complainant is that, himself and the accused are neighbours and at about 9 A.M. on 20/6/2004 the accused came to the office of the complainant and requested for a loan of Rs.5,00,000/- for purchasing a new bus and on the representation made by the accused that he is having sufficient cash balance account in his bank account and he was unable to withdraw the amount on that particular day and promised to issue a cheque for discharging such liability, the complainant went to his residence and brought Rupees Five lakhs and handed over the same to the accused and simultaneously the accused issued a cheque dated 20/6/2004 for Rupees Five lakhs and when the said cheque presented for encashment, the same was dishonoured, for the reason insufficiency of fund in the account maintained by the accused and though the complainant caused to send a notice to the accused demanding him to pay the amount covered by the dishonoured cheque and though he received the same, no amount was paid and therefore, according to the complainant, the accused has committed the offence punishable under Section 138 of the N.I. Act.

(3.) HEARD Sri.Abraham Vakkanal, the learned counsel for the appellant and Sri.John Joseph, the learned counsel for the 1st respondent/accused.