MALABAR CEMENTS LTD. Vs. SUDEVAN

JUDGEMENT

(1.) This appeal has been filed with the leave of the court challenging the judgment of acquittal in S.T. No. 682 of 2004, dtd. 7/6/2005 on the files of the Judicial First Class Magistrate Court I, Palakkad.

(2.) Heard the learned counsel for the appellant/complainant as well as the learned State Brief Adv. Archana Mithran O.K., appearing for the first respondent/accused in this case and also heard the learned Public Prosecutor appearing for the second respondent.

(3.) M/s. Malabar Cements Limited, as complainant had filed a complaint under Sec. 142 of the Negotiable Instruments Act, (for short, 'NI Act', hereinafter) before the Judicial First Class Magistrate Court I, Palakkad alleging that the accused/first respondent herein committed offence punishable under Sec. 138 of the NI Act, on dishonour of Exts.P2 and P3 cheques alleged to be issued by the accused in favour of the M/s. Malabar Cements Ltd., for Rs.32,000.00 and Rs.79,500.00, for want of funds, when the same were presented for collection.