BABYCHAN ANTONY Vs. ELDHOSE AND ORS.

JUDGEMENT

(1.) Accused in C.C. No. 102/2010 on the file of Judicial First Class Magistrate Court, Kothamangalam, is the revision petitioner herein.

(2.) The case was taken on file on the basis of a private complaint filed by the first respondent - complainant against the revision petitioner alleging offence under section 138 of the Negotiable Instruments Act (herein after called the Act).

(3.) The case of the complainant in the complaint was that revision petitioner borrowed a sum of Rs. 2,15,000/- and in discharge of that liability, he had issued Ext. P1 cheque dated 05.01.2010, which when presented was dishonoured for the reason funds insufficient evidenced by Ext. P2 dishonour memo, he issued Ext. P3 notice vide Ext. P5, but the same was returned with endorsement unclaimed by the addressee vide Ext. P4. The revision petitioner had not paid the amount. So he had committed the offence punishable under section 138 of the Act. Hence the complaint.