K.N. SIVADAS Vs. K.U. ABDUL MAJEED

JUDGEMENT

(1.) Challenging the judgment of acquittal passed by the Judicial First Class Magistrate's Court -II, Kochi, in CC No.1889/2006, the complainant before the court below has come up in appeal. The case before the court below is as a result of a private complaint filed by the appellant herein as complainant, against the 1st respondent herein as accused, alleging an offence punishable under Section 138 of the Negotiable Instruments Act.

(2.) The case of the complainant is that the accused had borrowed an amount of 2 lakhs from the complainant and that in discharge of the said liability, the accused had issued Ext.P1 cheque to the complainant. The said cheque, when presented, returned dishonoured for insufficiency of funds in the accounts of the accused. Ext.P3 demand notice was caused to be issued by the complainant. The accused, having received the notice, issued Ext.P5 reply thereby setting forth false and untenable contentions and hence, the complaint.

(3.) On the side of the complainant, PW1 was examined and Exts.P1 to P5 were marked. On the side of the accused, the accused himself was examined as DW1. The court below found the accused not guilty of the offence punishable under Section 138 of the NI Act and acquitted him under Section 255(1) Cr.P.C.