RAMESH KUMAR T.S. Vs. A.M.THANKACHAN

JUDGEMENT

(1.) Challenging the judgment of acquittal passed by the Judicial First Class Magistrate's Court -II, Thodupuzha in S.T.No.50/2008, 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 first respondent herein as accused, alleging an offence punishable under Section 138 of the N.I. Act.

(2.) The case of the complainant is that on 02.07.2007 the accused borrowed an amount of 80,000/ - from him by promising to repay the same within one month, and when the complainant demanded the amount, the accused issued Ext.P1 cheque dated 02.08.2007, which on presentation returned dishonoured for insufficiency of funds in the accounts of the accused. Even though a demand notice as contemplated under Section 138(b) of the N.I. Act was caused to be issued to the accused, it evoked a response in the nature of a reply notice whereby the transaction was denied. No amount has been paid 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 DW1 to DW4 were examined and Exts.D1 to D3 were marked. The court below found the accused not guilty of the offence under Section 138 of the N.I. Act and acquitted the accused under Section 255(1) Cr.P.C. through the impugned judgment.