G RAMACHANDRAN Vs. CHANDRAN KUTTY; STATE OF KERALA

JUDGEMENT

(1.) Aggrieved by the acquittal of the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, the complainant before the court below has come up in appeal.

(2.) Short case put forward by the appellant is that the accused being a close of friend of him, borrowed 2,75,000/- on 25.01.2004 and to discharge the said debt, he issued Ext.P2 cheque dated 25.02.2004. The cheque on presentation, bounced for want of funds. A statutory notice issued was returned unclaimed. Since the amount was not paid, the complaint was laid.

(3.) Cognizance of the offence was taken by the court below. After following the necessary procedures, summons was issued to the accused. On appearance of the accused and after completing the formalities, particulars of offence were read out to him to which he pleaded not guilty and claimed to be tried. The complainant therefore examined PW1 and had Exts. P1 to P7 marked.