JOSE Vs. JOSE

JUDGEMENT

(1.) Appellant was the complainant in S.T.No.61/2012 on the files of the Judicial First class Magistrate Court-II, Chalakudy. The complaint was filed alleging offences punishable under Sec. 138 of the Negotiable Instruments Act, 1881 [for short, 'the Act'].

(2.) By the impugned judgment dtd. 30/9/2014, the learned Magistrate acquitted the accused after finding that the complainant had failed to prove the execution and issuance of Exhibit P1 cheque and also held that the said cheque was not supported by consideration.

(3.) The complainant alleged that, in satisfaction of an amount of Rs.3,00,000.00, borrowed by the accused on 12/6/2011, he issued a cheque dtd. 12/9/2011, drawn on the South Indian Bank, Chalakudy Branch, which when presented for encashment, dishonoured with the endorsement 'funds insufficient'. Pursuant to the statutory notice dtd. 12/10/2011, demanding repayment of the amount, the accused though failed to repay the amount and instead issued a reply notice, and thus committed the offences alleged.