L.PARVATHI RANI Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed against the judgment dtd. 10/10/2007 in S.T. 401 of 2006 on the file of the Judicial First Class Magistrate-I, Kottayam acquitting the accused of the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act').

(2.) The appellant is the complainant and complaint was filed on the allegation that the complainant supplied rubberised coir mats to the accused for a total sum of Rs.1,84,821.00 and towards the partial discharge of the said debt, the accused on 31/5/2004, issued a cheque for Rs.60,000.00 and subsequently when the complainant presented the cheque for collection, the same was dishonoured for the reason 'payment stopped by the drawer' and in spite of issuance of statutory notice, the accused failed to pay the cheque amount.

(3.) Heard Sri. Ananthakrishnan A. Kartha, the learned counsel representing the learned counsel for the appellant on record, Sri. Amal Amir Ali, learned Amicus Curiae for the accused/first respondent and Sri. Vipin Narayan, the learned Public Prosecutor for the second respondent"State of Kerala.