K J CHACKO Vs. STATE OF KERALA; ALAVI

JUDGEMENT

(1.) Challenging the judgment of acquittal passed by the Judicial First Class Magistrate's Court-II, Ottapalam, in C.C.No.289 of 2005, the complainant before the court below has come up in appeal. The case before the court below is the result of a private complaint filed bythe appellantherein as complainant, against the 2nd 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, in discharge of his liability to pay an amount of Rs. 75,000/- to the complainant, issued Exhibit-P1 cheque dated 09.02.2005, which on presentation returned dishonoured for insufficiency of funds in the accounts of the accused. The complainant, within the statutory period, issued Exhibit-P3 lawyer's notice, thereby forwarding a demand under Section 138(b) of the Negotiable Instruments Act. Even though the notice was served on the accused, it did not evoke any response, and hence the complaint.

(3.) On the side of the complainant, PW-1 was examined and Exhibits-P1 to P4 were marked. On the side of the accused, Exhibit-D1 was marked through PW-1. No other defence evidence was adduced. The court below found the accused not guilty of the offence punishable under Section 138 of the Negotiable Instruments Act and acquitted him under Section 255(1) Cr.P.C.