SHAILAPPAN Vs. SABITHA

JUDGEMENT

(1.) This appeal by the complainant is against the acquittal of the accused under Sec. 138 of the Negotiable Instruments Act, 1881 ('N.I Act' for short).

(2.) As per the complaint towards discharge of a debt, the accused issued a cheque dtd. 19/12/2005 for Rs.1,00,000.00 to the complainant. When the complainant presented the cheque for collection, the same was dishonoured due to insufficiency of funds in the account of the accused and in spite of issuance of statutory notice, the accused failed to pay the cheque amount to the complainant.

(3.) Before the trial court, from the side of the complainant, PW1 examined and Exhibits P1 to P7 were marked and from the side of the accused, DW1 examined and Exts.D1 and D2 were marked.