NAKULAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is at the instance of the complainant in C.C. No. 894 of 2005 on the file of Judicial First Class Magistrate Court, Kayamkulam, challenging acquittal of the accused under Sec. 138 of the Negotiable Instruments Act (for short, the NI Act), vide judgment dtd. 12/12/2006.

(2.) The case of the complainant is that, the accused borrowed Rs.2.00 lakh from him, and issued Ext.P1 cheque dtd. 10/10/2005, assuring that it would be honoured on presentation before the bank. But the cheque was returned dishonoured for the reason 'insufficient funds'. Though lawyer notice was sent intimating dishonour of the cheque and demanding the cheque amount, the amount was not repaid. Since the complainant was working abroad, his brother filed the complaint on the strength of his power of attorney.

(3.) On taking cognizance, and on appearance of the accused before the trial court, particulars of offence were read over and explained, to which he pleaded not guilty, and claimed to be tried. Thereupon, PWs.1 and 2 were examined, and Exts.P1 to P8 were marked from the side of the complainant to prove his case.