M J JOSEPH Vs. JEEMON P ABRAHAM

JUDGEMENT

(1.) The complainant in CC No.192/1999 on the file of the Judicial First Class Magistrate's Court-I, Ernakulam is the appellant herein. The above case was taken on file on the basis of a private complaint filed by the complainant against the respondent alleging offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act).

(2.) The case of the complainant in the complaint was that the accused borrowed a sum of Rs.50,000/- and in discharge of that liability, he had issued Exts.P1 cheque which when presented was dishonoured for the reason funds insufficient evidenced by Ext.P2 dishonour memo. The complainant issued Exts.P3 notice vide Ext.P5 postal receipt intimating the dishonour and demanding the payment of amount which was received by the accused evidenced by Ext.P4 postal acknowledgement. He had not paid the amount. So he had committed the offence punishable under Section 138 of the Act. Hence the complaint.

(3.) When the accused appeared before the court below, the particulars of offence were read over and explained to him and he pleaded not guilty. In order to prove the case of the complainant, the complainant himself was examined as PW1 and Exts.P1 to P6 were marked on his side. After closure of the complainant's evidence, the accused was questioned under Section 313 of the Code of Criminal Procedure and he denied all the incriminating circumstances brought against him in the complainants evidence. He had further stated that he had borrowed only Rs.35,000/- and he had paid the amount. At the time when he borrowed, the amount a blank signed cheque was given and that has been misused and the present complaint has been filed. But no defence evidence was adduced on his side.