FRANCIS T.D. Vs. SUKUMARAN

JUDGEMENT

(1.) In this appeal, the complainant before the trial court is challenging the acquittal of the accused for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'N.I Act') as per the impugned judgment.

(2.) As per the complaint, the accused borrowed Rs.50,000.00 from the complainant on 2/9/2011 and issued a cheque dtd. 2/11/2011 for the said amount by representing that the complainant can encash the cheque amount on or after the date of the cheque. Subsequently, 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, PWs 1 and 2 were examined and Exhibits P1 to P6 were marked from the side of the complainant and no evidence adduced from the side of the accused.