SUNNY C VARGHESE Vs. THANKAMMAALEXANDER

JUDGEMENT

(1.) Appeal filed under Section 378(4) of the Code of Criminal Procedure (for short, "Cr.P.C.").

(2.) The only question arising for consideration in this Criminal Appeal challenging the order of acquittal of the accused and dismissal of the complaint by the trial court is whether a cheque issued after closure of the account will fall within the mischief of Section 138 of the Negotiable Instruments Act (for short, "Act").

(3.) Fundamental facts are as follows: Accused and her husband borrowed a sum of Rs. 2,00,000/- from the complainant in July 1999. In order to discharge that liability, the accused issued a cheque for Rs. 50,000/- drawn on her banker. Another cheque for Rs. 1,50,000/- was issued by her husband also. When the cheque issued by the accused was presented for collection, it was dishonoured showing that the account was closed. It is pertinent to note that from the records it is evident that Ext.P1 cheque in dispute is dated 30.04.2000. It is come out in evidence that the account of the accused was closed on 04.02.1999. Even after issuing the statutory notice, no payment was made. Hence the complaint was filed.