M/S. BENZ AUTOMOBILES PVT. LTD Vs. VIJAYAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 28/9/2001 in S.T.Case No.750 of 1998 of the court of the Chief Judicial Magistrate, Palakkad, at the instance of the complainant therein since the accused therein who faced prosecution for the offence under Section 138 of the N.I. Act is acquitted under Section 255(1) of Cr.P.C.

(2.) THE case of the complainant is that the accused purchased spare parts from the complainant for a total sum of Rs.26,631.42 and towards the part discharge of the above liability, the accused had signed and delivered a cheque dated 31/3/1998 for an amount of Rs.25,000/ - which when presented for encashment dishonoured for the reason "insufficient fund" and it is the further case of the complainant that on receiving such dishonoured memo the complainant caused to send a registered notice to the accused informing him about the dishonour of the cheque and also demanding him to pay an amount covered by the dishonoured cheque, but no payment 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.P.Gopakumaran Nair, the learned counsel for the appellant. Though notice is served on the respondent/ accused by paper publication, he has not chosen to defend the appeal either by himself in person or by engaging a counsel.