H. RAMA Vs. P.A. ABOOBACKER AND ORS.

JUDGEMENT

(1.) THE complainant in C.C. No. 223 of 2008 of the Judicial First Class Magistrate -II, Kasaragod, aggrieved by the dismissal of his complaint filed under Section 138 of the Negotiable Instruments Act, has preferred this appeal.

(2.) THE allegation of the complainant was that the accused had borrowed a sum of Rs. 1,65,000/ - from him in June 2007. Towards the discharge of that liability, a cheque dated 10.09.2007 for the above sum was executed and delivered, making him believe that sufficient funds are available in the account. The cheque was presented for collection, but was dishonoured on ground of insufficiency of funds. A statutory notice was sent, which was replied later. Alleging that the accused has committed the offence punishable under Section 138 of the Negotiable Instruments Act, the complaint was laid.

(3.) HEARD both sides and examined the records.