BHAGVATHY PRASAD AGARWAL Vs. THRIVENI GLASS HOUSE

JUDGEMENT

(1.) Aggrieved by the judgment of acquittal in a prosecution under S.138 of the N.I Act, the complainant has preferred this appeal.

(2.) In the complaint filed by him the complainant alleged that Ext. P1 cheque for Rs.3830.50 was issued by the accused to him for the due discharge of a legally enforceable debt/liability. Such liability arose from articles supplied by the complainant to the accused, it was alleged. The said cheque, when presented for encashment was dishonoured by the Bank on the ground that the payment had been stopped by the accused by issue of Ext. P7 stop payment memo. The complainant alleged that though the dishonour was on the ground of issue of stop payment memo, the accused did not have sufficient amount

(3.) The complainant approached the court, observing the statutory time table scrupulously. Cognizance was taken by the court. The accused denied the offence alleged against him and thereupon the complainant examined himself as PW 1 and the manager of the drawee bank as PW 2. Exts.P1 to P3 were marked.