JAYA PRAKASH Vs. SUNIL GOPINATH

JUDGEMENT

(1.) Accused in S.T. No. 1062/09 on the file of the 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 complainant-first respondent 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 revision petitioner borrowed a sum Rs. 1,50,000/- and in discharge of that liability, he had issued Ext. P1 cheque which when presented was dishonoured for the reason 'funds insufficient' and that was intimated to the complainant by his banker vide Ext. P3 intimation letter. The complainant issued Ext. P6 notice to the revision petitioner intimating the dishonour and demanding payment of the amount vide Ext. P5 postal receipt and the same was received by the revision petitioner evidenced by Ext. P4 postal acknowledgment. He had not paid the amount. So, he had committed the offence punishable under Section 138 of the Act. Hence the complaint.