N.M.MINERALS INDIA PVT. LTD. Vs. RAJU

JUDGEMENT

(1.) This appeal is at the instance of the complainant in CC No.653 of 2002 on the file of Judicial Magistrate of First Class-I, Cherthala, challenging acquittal of the accused, in a complaint filed by him under Sec. 138 of the Negotiable Instruments Act (N.I.Act for short), as per judgment dtd. 31/1/2006.

(2.) The complainant-N.M.Minerals India Private Ltd is a Private Limited Company registered under the Indian Companies Act, represented by its power of attorney holder.

(3.) The case of the appellant/complainant is that, towards the price of mineral water purchased by the accused from that company, he owed a sum of Rs.34,940.00, and towards discharge of that liability, he issued Ext.P1 cheque dtd. 23/8/2001 drawn on District Co-operative Bank, Kunnukuzhy Branch, Thiruvananthapuram. When that cheque was sent for collection through his bank i.e. Dhanlaxmi Bank, Cherthala Branch on 20/2/2002, it was returned dishonoured for the reason 'Payment stopped by the drawer', as per Ext.P3 dishonour memo dtd. 25/2/2002. Intimation of dishonour was received by the complainant on 6/3/2002. Thereafter, he sent registered lawyer notice to the accused on 14/3/2002. In spite of receipt of notice on 16/3/2002, the amount was not paid and no reply was sent. Hence, he filed the complaint under Sec. 138 of the NI Act.