FATHIMA SUHRA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE complainant in S.T. 126/2008 on the file of the Judicial First Class Magistrate Court -II Ottapalam is the appellant. The second respondent is the accused. The trial court found the second respondent guilty of the offence under Section 138 of the N.I. Act. In Crl.A.No.475/2009 the Sessions Court reversed the finding and acquitted him. This order of acquittal is challenged in this appeal.

(2.) IN the complaint the allegation was that the second respondent had owed the appellant a certain amount and to discharge that liability he issued her a cheque bearing date 3.10.2005 for Rs.1 lakh and it was returned dishonoured for want of sufficient fund in his account and in spite of demand by notice he failed to pay the amount and thus committed the offence under Section 138 of the N.I. Act.

(3.) HEARD the learned counsel for the appellant.