P.HAMSA Vs. SHANAVAS

JUDGEMENT

(1.) This appeal is filed against the judgment dtd. 9/3/2005 in C.C. No. 102 of 1998 on the file of the Judicial First Class Magistrate, Ottapalam challenging the acquittal of the accused in a complaint alleging the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act') under Sec. 255(1) Cr.P.C .

(2.) The complainant is the appellant and the complaint was filed on the allegation that the accused issued a cheque for Rs.6,00,000.00dtd. 22/9/1997 for discharging the liability towards the complainant and when the complainant presented the cheque for collection, the same was dishonoured due to insufficiency of funds in the account of the accused and in spite of issuance of statutory notice, the accused failed to pay the cheque amount.

(3.) In the trial court, the power of attorney holder of the complainant was examined as PW1 and Exhibits P1 to P8 were marked. No evidence was adduced from the side of the accused.