PULLANOOR CHAKKINGALTHODI JAYACHANDRAN Vs. M.K. SURESH

JUDGEMENT

(1.) THE appellant (complainant) is aggrieved by the acquittal of the contesting respondent/accused in a case filed by him before the learned Magistrate alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (in short 'the N.I. Act').

(2.) CASE in the complaint is that the accused borrowed an amount of Rs. 2,00,000/ - from the complainant/petitioner promising to repay the same as and when demanded. In discharge of that liability, a cheque was issued for the said sum on 25 -11 -1998. When it was presented for collection, the cheque was dishonoured due to insufficiency of funds. Thereafter, the complainant caused to issue a lawyer notice which could not be served on the accused. Hence it was returned 'unserved'. Ext. P4 is the cover returned unserved with an endorsement by a postman that intimation was served on the addressee on 14 -12 -1998. The complaint was filed by the petitioner alleging that the accused intentionally evaded notice.

(3.) HEARD the learned counsel for the appellant. There was no representation for the accused/contesting respondent.