C.A. UNNIKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) ACCUSED in S.T. No. 1910/2003 on the file of Judicial First Class Magistrate Court, Wadakkancherry, is the revision petitioner herein. The case was taken on file on the basis of a private complaint filed by the complainant herein, against the revision petitioner, alleging offence under Section 138 of the Negotiable Instruments Act (hereinafter called 'the Act').

(2.) THE case of the complainant in the complaint was that, revision petitioner borrowed a sum of Rs. 15,000/ - and in discharge of the liability, he had issued Ext. P1 cheque in favour of the complainant. The cheque when presented was dishonoured for the reasons 'funds insufficient', evidenced by Ext. P2 dishonour memo and issued Ext. P3 notice vide Ext. P4 and P5 postal receipt and Ext. P6 and P7 will also prove the service of notice and Ext. P8 and P9 are produced to show that it was served on the revision petitioner, but he had not paid the amount. So he had committed the offence punishable under Section 138 of the Negotiable Instruments Act. Hence the complaint.

(3.) THOUGH the revision was admitted and notice was ordered in the year 2011, notice was not served on the first respondent so far. So considering the nature of defence and scope of enquiry, this court felt that the revision can be disposed of today, after hearing the counsel for the revision petitioner and Public Prosecutor, dispensing with further notice to the complainant, as the accused is in jail now, as he had not executed the bond as directed.