VISWANATHAN Vs. RAMACHANDRAN NAIR

JUDGEMENT

(1.) An appeal by special leave against the acquittal of the respondents of the offence under S.138 of the Negotiable Instruments Act (for short 'the Act').

(2.) The complaint was that for a consideration of Rs. 1,00,000/- the respondent executed a cheque to the complainant which was duly presented, but was dishonoured. A notice of dishonour - Ext. P3 - was issued in which there was a mistake in the number of the cheque. That was corrected and Ext. P5 was subsequently issued. In response to Ext. P3, payment was not made within the statutory period and so, the complaint under S.138 of the Negotiable Instruments Act.

(3.) The learned Magistrate considered the contentions and reached the conclusion that the cheque in question was drawn by the accused and the presumption under S.139 of the Act has not been rebutted. It was further held that the cheque was dishonoured when presented, that the notice of dishonour was issued and that in spite of that demand no payment was made.