MATHEW K.CHERIAN Vs. P.S.BIJU

JUDGEMENT

(1.) The appeal is filed questioning the correctness and legality of the judgment in ST No.191/2009 passed by the Court of the Judicial Magistrate of First Class-IV, Kottayam, (Trial Court) finding the first respondent/accused not guilty for the offence under Sec. 138 of the Negotiable Instruments Act (for brevity, "N.I.Act"). For the sake of convenience, the parties are referred to as per their status before the Trial Court.

(2.) The complainant had filed the above complaint, through his power of attorney holder, alleging that the accused had issued Ext P6 cheque in his favour for an amount of Rs.19,000.00, which, on presentation to the bank for encashment, got dishonoured by Ext P7 memorandum due to 'insufficient funds' in the bank account of the accused. Although the complainant had issued Ext P9 statutory lawyer notice and the accused had received the same, he did not pay the cheque amount. Hence, the accused committed the above offence.

(3.) The learned Magistrate took cognizance of the offence. The accused denied the substance of accusations made against him. In the Trial, the power of attorney holder of the complainant was examined as PW1 and Exts.P1 to P11 were marked in evidence. The accused denied the incriminating circumstances which appeared in the evidence against him in the questioning under Sec. 313 of the Code of Criminal Procedure (in short, 'Code'). The accused got himself examined as DW1 and marked Ext D1 chitty passbook in evidence.