AISHWARYA TRUST Vs. V.P. PRAKASH KUMAR

JUDGEMENT

(1.) This appeal by the complainant, is against the acquittal of the accused for the offence under Sec. 138 of the Negotiable Instruments Act.

(2.) As per the complaint, towards settlement of a loan availed by the accused, he issued a cheque for Rs.24,200.00 dtd. 31/10/2003 on 29/8/2003 to the complainant and subsequently when the complainant presented the cheque for collection the same was dishonoured for the reason 'account closed' 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 Exts.P1 to P13 were marked and from the side of the accused DWs 1 to 3 were examined and Exts. D1 to D10 were marked.