K. SHANMUGHAN Vs. I. PRASHOBKUMAR AND ORS.

JUDGEMENT

(1.) THE accused in C.C. No. 646/2003 on the file of the Judicial First Class Magistrate Court -III, Kozhikode is the revision petitioner herein.

(2.) THE case was taken on file on the basis of a private complaint filed by the first respondent against the petitioner alleging an offence under section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act' for short). The case of the complainant in the complaint was that the revision petitioner was having film distribution business with the complainant and in that relationship, he had borrowed a sum of Rs. 5 lakhs and the matter was settled through Association, in which he had paid Rs. 10,000/ - and agreed to pay Rs. 4,50,000/ - and thereafter he issued Ext.P1 cheque for the said amount, when the amount was demanded. The cheque when presented was dishonoured for the reason 'funds insufficient' evidenced by Ext.P3 dishonour memo and that was intimated to the complainant by Ext.P4 intimation letter. The complainant issued ExtP5 notice dated 9.7.2003 on the same day vide Ext.P5(a) postal receipt and the same was received by the revision petitioner evidenced by Ext.P5(b) postal acknowledgment and the revision petitioner had sent Ext.P6 reply notice. The revision petitioner had not paid the amount. So he had committed the offence punishable under section 138 of the Act and hence the complaint.

(3.) HEARD the counsel for the revision petitioner and the learned Public Prosecutor.