RAVINDRAN Vs. K.K. PANKAJAKSHAN AND ORS.

JUDGEMENT

(1.) ACCUSED in S.T. No. 2496/1998 on the file of the Judicial First Class Magistrate Court -III, Thrissur, is the revision petitioner herein. The case was taken on file on the basis of a private complaint, filed by the first respondent against the petitioner alleging offence under Section 138 of the Negotiable Instruments Act (hereinafter called 'the Act').

(2.) THE case of the complainant in the complaint was that, revision petitioner had agreed to sell his property and an amount of Rs. 40,000/ - was given as advance and later he did not execute the document, but agreed to return the amount and the amount payable including the interest was fixed at Rs. 80,000/ - and in discharge of that liability, he had issued Ext.P1 series two cheques, one for Rs. 60,000/ - and other for Rs. 20,000/ - with date 10.11.1997 and 10.12.1997 respectively. The cheques when presented were dishonoured for the reason 'funds insufficient' vide Ext.P2 dishonour memo, and the same was intimated to the complainant by his banker vide Ext.P3 intimation letter. The complainant issued Ext.P4 notice vide Ext.P5 postal receipt and the same was returned with endorsement 'unclaimed' by the addressee. The revision petitioner had not paid the amount. So he had committed the offence punishable under Section 138 of the Negotiable Instruments Act. Hence the complaint.

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