P.C.MATHEW Vs. KUNJAMMA K.V.

JUDGEMENT

(1.) This appeal is filed against the judgment dtd. 30/11/2007 in S.T. No. 220 of 2007 of the Judicial First Class Magistrate-II, Changanacherry, whereby the accused was found not guilty of the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act') and acquitted under Sec. 255(1) Cr.P.C.

(2.) The appellant is the complainant and the complaint was filed on the allegation that the accused borrowed Rs.75,000.00 from the complainant and for the discharge of the said debt, he issued cheque dtd. 28/12/2003 and subsequently, when the complainant presented the cheque for collection, the same was dishonoured due to insufficiency of funds and in spite of issuance of statutory notice, the accused failed to pay the cheque amount.

(3.) Heard Smt. Ayisha T.S., the learned counsel representing Sri. John Varghese, the learned counsel for the appellant on record, Sri. Ananthakrishnan A. Kartha, the learned counsel for the first respondent and Sri. Sanal P. Raj, the learned Public Prosecutor appearing for the second respondent, State of Kerala.