ALEXANDER Vs. BIJU CHELLAPPAN

JUDGEMENT

(1.) This appeal is at the instance of the complainant in CC No. 238 of 2000 on the file of Judicial First Class Magistrate Court - I, Kollam, impugning the judgment in Crl. Appeal No. 36 of 2003 on the file of Additional District and Sessions Judge (Adhoc-III), Kollam, by which the conviction of the accused under Sec. 138 of the Negotiable Instruments Act (for short, 'the NI Act') by the trial court was set aside, and the accused was acquitted.

(2.) The case of the appellant / complainant was that, the 1 st respondent/accused borrowed Rs.5.00 lakh from him on 15/7/1999, and issued Ext.P1 cheque dtd. 1/12/1999 towards discharge of that debt. He assured him that it would be encashed on presentation before the bank. He presented that cheque before the bank, but it was dishonoured on 10/12/1999 stating reason 'payment stopped' and the intimation was received on 16/12/1999. The appellant sent notice to the 1 st respondent on 31/12/1999 which was returned unclaimed on 22/1/2000. Since the amount was not paid, he filed a complaint on 18/2/2000.

(3.) After taking cognizance, on appearance of the accused, particulars of offence was read over, and explained, to which, he pleaded not guilty. Thereupon, PW1 was examined, and Exts. P1 to P7 were marked from the side of the complainant.