LAWS(KER)-2024-11-76

MATHEW K.CHERIYAN Vs. ENJINI R.

Decided On November 28, 2024
Mathew K.Cheriyan Appellant
V/S
Enjini R. Respondents

JUDGEMENT

(1.) This appeal is at the instance of the complainant in ST No.2060 of 2007 on the file of Judicial First Class Magistrate-II (Mobile), Kottayam, challenging acquittal of the accused under Sec. 138 of the Negotiable Instruments Act (hereinafter referred as 'the NI Act'), vide judgment dtd. 23/5/2008.

(2.) The case of the complainant was that, towards discharge of Rs.50,000.00 owed by the accused, she issued Ext.P1 cheque dtd. 7/8/1994 assuring that, it would be honoured on presentation before the Bank. The complainant presented that cheque before his Bank, but it was returned dishonoured for the reason 'funds insufficient'. He sent Ext.P4 lawyer notice intimating dishonour of the cheque and demanding the cheque amount. Though the accused received that notice as per Ext.P6 AD card, no reply was sent and the amount was not returned. Hence the complaint.

(3.) After taking cognizance and on appearance of the accused before the trial court, particulars of offence were read over and explained, to which, she pleaded not guilty and claimed to be tried. Thereupon, PW1-the power of attorney holder was examined and Exts.P1 to P7 were marked from the side of the complainant.