K.P. PREETHA Vs. SAMEER T.P.

JUDGEMENT

(1.) THE accused in STC. No. 2908/2006 on the file of the Judicial First Class Magistrate Court -I, Kannur, is the revision petitioner herein.

(2.) THE case was taken on file on the basis of a private complaint filed by the 1st respondent against the revision petitioner, alleging offences under Section 138 of the Negotiable Instruments Act (hereinafter called 'the Act'). The case of the complainant in the complaint was that, the revision petitioner borrowed a sum of Rs. 2,50,000/ -, and in discharge of that liability, she had issued Ext.P1 cheque which when presented was dishonoured for the reason, "funds insufficient" vide Ext.P2 dishonour memo. The complainant issued Ext.P3 notice vide Ext.P4 postal receipt, and the same was received by the revision petitioner evidenced by Ext.P5, Postal Acknowledgment Card. The revision petitioner had not paid the amount, so she had committed the offence punishable under Section 138 of the Act. Hence the complaint.

(3.) CONSIDERING the scope of enquiry and nature of defence taken, this court felt that the revision can be disposed off at the admission stage itself, after hearing the Counsel for the revision petitioner and the Public Prosecutor appearing for the second respondent, dispensing with notice to the 1st respondent.