SARAFUDHEEN Vs. T. MUHAMMED ASHRAF

JUDGEMENT

(1.) Challenging the judgment of acquittal passed by the Additional Sessions Court, Thalassery, in Crl.Appeal No.775 of 2003, the complainant in the matter has come up in appeal. Crl.Appeal No.775 of 2003 of the court below was filed by the accused in C.C.No.351 of 2003 of the Additional Chief Judicial Magistrate's Court, Thalassery.

(2.) The case before the trial court 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 Sec. 138 of the Negotiable Instruments Act. The complaint was filed through PW -1, who was the power of attorney holder of the complainant.

(3.) The case of the complainant is that the accused borrowed an amount of 2,25,000/ - from the complainant on agreeing to repay the same within 6 months and when he demanded the repayment, the accused issued Exhibit -P1 cheque dated 15.09.2000, which on presentation returned dishonoured for insufficiency of funds in the accounts of the accused. The complainant caused to issue demand notice dated 09.12.2000 to the accused under Section 138(b) of the Negotiable Instruments Act. The notice returned with the endorsement, 'out of India'.