BINDU CHERIYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal filed under Sec. 378(4) of the Code of Criminal Procedure, 1973 (Code).

(2.) The appellant filed C.C.No.524 of 2010 before the Judicial Magistrate of the First Class-VII, Ernakulam. The 1st respondent was the accused. The learned Magistrate as per the judgment dtd. 22/1/2015 found the 1st respondent not guilty and acquitted. The said judgment is under challenge in this appeal.

(3.) Following are the facts alleged in the complaint: The 1st respondent issued Ext.P2 cheque for making payment of Rs.3,02,075.00 towards the value of materials he purchased from the appellant's concern. The cheque, when presented for encashment, was returned unpaid for want of sufficient funds in the account of the 1st respondent. Ext.P5 is the notice demanding payment. The 1st respondent did not make the payment. And, thereby he has committed an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (NI Act).