SHIJOSH K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The complainant in C.C.No.1252/2004 on the files of Judicial First Class Magistrate-II (Mobile) Kottayam, has filed this appeal challenging the judgment in the said case daed 21/3/2007.

(2.) Heard the learned counsel for the appellant/complainant as well as the learned counsel for the 2nd respondent/accused and the learned Public Prosecutor appearing for the State in detail.

(3.) On the facts of the case, consequent to dishonour of a cheque dtd. 9/3/2004 alleged to be issued by the accused to the complainant in discharge of an amount of Rs.4,50,000.00 alleged to be borrowed by the accused from the complainant, the complainant lodged prosecution alleging commission of offence punishable under Sec. 138 of the Negotiable Instruments Act ('NI Act' for short) .