C.M. GOPI Vs. K. SAJEEV

JUDGEMENT

(1.) THE complainant in C.C. No. 326/2000 on the file of the Judicial First Class Magistrate Court -II, Perambra is the appellant herein.

(2.) THE case was filed by the complainant/appellant herein against the first respondent alleging that he had issued Ext. P1 cheque for Rs. 70,000/ - for discharge of the liability for the amount borrowed from him dated 27.12.1999 drawn on Canara bank and when the same was presented, it was dishonoured for the reason 'fund insufficient' evidenced by Ext. P3 dishonour memo and the complainant issued Ext. P4 notice dated 31.1.2000 on the same day evidenced by Ext. P5 and it was returned by the accused and in spite of intimating the same, the accused had not paid the amount and thereby he had committed the offence punishable under Section 138 of the Negotiable Instruments Act(hereinafter referred to as the Act).

(3.) THOUGH notice was served on the first respondent, he did not appear.