PADMAJA Vs. ASOKAN

JUDGEMENT

(1.) This appeal is filed against the judgment dtd. 23/5/2006 in S.T. No. 287 of 2006 of the Judicial First Class Magistrate -VIII, Thiruvananthapuram, challenging the acquittal of the accused under Sec. 255(1) Cr.P.C finding him not guilty of the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act').

(2.) The appellant is the complainant and the complaint was filed on the allegation that the accused borrowed Rs.70,000.00 from the complainant and in discharge of the said debt, he issued cheque dtd. 12/11/2003 and subsequently, when the complainant presented the cheque for encashment, the same was dishonoured due to insufficiency of funds in the account of the accused and inspite of issuance of statutory notice, the accused failed to pay the cheque amount.

(3.) Heard Sri. Satheeshkumar S.R, the learned counsel representing the learned counsel for the appellant on record, Smt. Nourin S. Fathima, the learned counsel for the first respondent and Sri. Vipin Narayan for the second respondent State of Kerala.