JAISON THOMAS Vs. BENNY VARGHESE

JUDGEMENT

(1.) Accused in S.T. No. 2745/10 on the file of Judicial First Class Magistrate Court, Kolenchery is the revision petitioner herein.

(2.) The case was taken on file on the basis of a private complaint filed by the first respondent-complainant against the revision petitioner alleging offence under Section 138 of the Negotiable Instruments Act (hereinafter called 'the Act').

(3.) The case of the complainant in the complaint was that the revision petitioner borrowed a sum of Rs. 1,00,000/- for his personal purpose and in discharge of his liability, he had issued Ext. P1 Cheque which when presented was dishonoured for the reason 'funds insufficient' evidenced by Ext. P2 dishonour memo and the same was intimated to the complainant by his banker vide Ext. P3 intimation letter. The complainant issued Ext. P4 notice vide Ext. P5 postal receipt and the same was received by the revision petitioner evidenced by Ext. P6 postal acknowledgment. He did not send any reply nor had he paid the amount. So, he had committed the offence punishable under Section 138 of the Act. Hence the complaint.