G SARASU Vs. BHASKARAN; STATE OF KERALA

JUDGEMENT

(1.) Aggrieved by the order of acquittal in S.T. No.680/2004 before Judicial First Class Magistrate Court-I, Palakkad, for the offence under Section 138 of the Negotiable Instruments Act, the complainant before the court below, after obtaining leave of this Court, comes up in appeal.

(2.) According to the complainant, the complainant and the accused were good friends. The accused sought for loan of 50,000/- on 24.01.2003 assuring to repay the amount with 12% interest. The money was given to the accused. Since even after the period of repayment was over and the debt remained undischarged, demand was made and consequently, Exts.P1 and P2 cheques dated 29.11.2003 and 07.12.2003 for 25,000/- each were issued by the accused to the complainant. The cheques were presented for encashment but were returned with the endorsement that the payments has been stopped by the drawer. A statutory notice issued to the accused invoked a reply containing false contentions. Since the amount remained unpaid, 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, copies of the records were furnished to him and particulars of offence were read out to him to which he pleaded not guilty and claimed to be tried. The complainant examined PWs 1 and 2 and had Exts. P1 to P10 marked.