SHINY S.NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Judgment in C.C.No.38/2014 on the files of the Judicial First Class Magistrate Court - III, Mavelikkara, dtd. 30/12/2014 is under challenge in this appeal filed under Sec. 378 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C. ' hereinafter). The appellant herein is the complainant in the above case. The 2nd respondent is the accused and the 1st respondent is the State of Kerala.

(2.) Heard the learned counsel for the appellant/complainant, the learned counsel appearing for the 2nd respondent/accused, and the learned Public Prosecutor, in detail. Perused the judgment under challenge along with the records of the trial court.

(3.) In this case, the complainant alleges commission of the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the NI Act ' hereinafter), by the accused on the premise that Ext.P1 cheque for Rs.4,75,000.00 (Rupees Four Lakh Seventy-five Thousand Only), issued by the accused in discharge of the said liability, when presented by the complainant for encashment, the same got dishonoured with the endorsement, "Drawer's signature differs." The further case is that, despite issuance of demand notice, the said amount was not repaid.