NAUFAL AZEEZ AND ORS Vs. MADHU AND ORS

JUDGEMENT

(1.) Appeal under Section 378(4) of the Code of Criminal Procedure (Cr.PC for short) by the complainant, who approached the trial court with a complaint under Section 138 of the Negotiable Instruments Act (NI Act for short). It was dismissed and the trial court acquitted the accused. Feeling aggrieved by the acquittal of the accused, the complainant was come up in appeal.

(2.) Facts in brief are as follows: The accused borrowed an amount of Rs.30,000/- from the complainant on 1.5.2001 and issued Ext.P1 cheque, drawn on 1.6.2001 in discharge of that liability. Ext.P1 cheque was dishonoured due to insufficiency of funds in the account of the accused. Statutory notice, Ext.P4, was issued on 16.10.2001. In spite of the expiry of the stipulated time, the accused did not pay off the liability. Hence the prosecution.

(3.) The complainant testified as Pw1 and marked Exts.P1 to P10. The accused deposed as Dw1 and Exts.D1 to D3 were marked.