DAVIS.K.A. Vs. MRS. MARY JOSE

JUDGEMENT

(1.) Challenging the judgment of acquittal passed by the Judicial First Class Magistrate's Court -II, Aluva in S.T.No.90 of 2005 and S.T.No.91 of 2005, the complainant before the court below has come up in appeals. Both the cases before the court below were jointly tried and the same were disposed of through common judgment dated 21.10.2008.

(2.) The cases before the court below are the result of two private complaints filed by the appellant in these appeals as complainant, against the 1st respondent in these appeals as accused, alleging the offence punishable under Section 138 of the Negotiable Instruments Act.

(3.) The case of the complainant is that an amount of Rs.1,00,000/ - was due to the complainant from the accused, in discharge of which, the accused had issued two cheques, one for Rs.60,000/ - and the other one for Rs.40,000/ - dated 04.11.2004 to the complainant. The said cheques, on presentation, returned dishonoured for insufficiency of funds in the account of the accused. On getting back the cheques as dishonoured, the complainant caused to issue Exhibits -P7 and P8 demand notices, as contemplated under Section 138(b) of the Negotiable Instruments Act. The accused having received the notices, caused to issue Exhibit -P13 reply notice through her lawyer. No amount was paid and hence these complaints.