BIJINI RAJAN Vs. DIANA JOHN

JUDGEMENT

(1.) The appellant is the complainant in C.C. No. 3394 of 2016 of the Judicial First Class Magistrate Court (N.I. Act Cases) Ernakulam. The complaint was filed against the 1st respondent, alleging commission of the offence under Sec. 138 of the Negotiable Instruments Act.

(2.) In the complaint, it was alleged that the 1st respondent and her husband had borrowed an amount of Rs.3,00,000.00 from the complainant, promising to repay the amount in six months. The 1strespondent and her husband failed to repay the amount and the appellant made repeated demands, which were not acceded to. Thereupon, the appellant preferred a complaint before the District Legal Services Authority and the same was taken on file as a pre-litigation petition and notice issued to the 1st respondent. The 1st respondent and her husband appeared before the Lok Adalat on 10/10/2014 and agreed to repay Rs.3,00,000.00 on or before 31/12/2014 and to pay 6% interest from 31/12/2014, if the amount is not paid by that date. Based on the agreement, Ext.P1 award was passed by the Lok Adalat. As the amount was not paid by 31/12/2014, the 1strespondent issued Ext.P2 cheque for Rs.3,22,500.00 towards discharge of the liability of Rs.3,00,000.00 along with interest calculated at the rate of 6% from 31/12/2014 onwards. The cheque, on presentation, was dishonoured for insufficiency of funds. The 1strespondent failed to pay the amount, despite issuance of notice.

(3.) Before the trial court, the appellant was examined as PW1 and the Postman, who had served the notice on the 1strespondent, as PW2 and Exts.P1 to P8 and Ext.X1 documents were marked on the complainant's side and Exts.D1 and D2, on the defense side.