VENUGOPAL C.N. Vs. JINOY THOMAS

JUDGEMENT

(1.) THE accused in S.T. No. 459/2009 on the file of the Judicial First Class Magistrate Court, Kolencherry is the revision petitioner herein. The case was taken on file on the basis of a private complaint filed by the first respondent against the revision petitioner alleging commission of the offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act').

(2.) THE case of the complainant in the complaint was that the revision petitioner borrowed a sum of Rs. 35,000/ - and in discharge of that liability, he had issued Ext.P1 cheque, which when presented was dishonoured for the reason account closed vide Ext.P2 dishonour memo. The complainant issued Ext.P3 notice vide Ext.P4 postal receipt to the revision petitioner intimating dishonour and demanding payment of the amount and the same was received by the revision petitioner evidenced by Ext.P5 postal acknowledgment. He had not paid the amount. So he had committed the offence punishable under Section 138 of the Act. Hence the complaint.

(3.) CONSIDERING the nature of contention and the scope of enquiry, this Court felt that the revision can be disposed of at the admission stage itself after hearing the counsel for the revision petitioner and the learned Public Prosecutor appearing for the 2nd respondent dispensing with further notice to the first respondent in the revision.