VARGHESE PAUL Vs. SATHIYAN PONNU SWAMY

JUDGEMENT

(1.) The accused in C.C. No. 701 of 2000 on the file of J.F.C.M. - II, Aluva for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "The Act" for short) challenges the conviction entered and the sentence passed against him by the said court for the said offence.

(2.) The above case arose out of a private complaint filed by the first respondent herein to the following effect:- On 20-11-2989 the accused borrowed a sum of Rs. 60,000/- from the complainant agreeing to re-pay the said amount within two months. On repeated demands for the amount the accused issued Ext.P1 cheque dated 10-4-2000 drawn on the Kalamassery Branch of the Federal Bank. When the cheque was presented for collection the same was dishonoured for want of sufficient funds in the account of the accused A statutory notice was issued to the accused calling upon him to pay the amount Crl. Appeal No. 1700 of 2003 -:2:- due under the cheque. Even though the accused received the notice on 15-5-2000, he neither paid the amount nor sent a reply. The accused has thereby committed an offence punishable under Sec. 138 of the Negotiable Instruments Act.

(3.) On the accused pleading not guilty to the substance of accusation read over and explained to him, the complainant was called upon to adduce evidence in support of his case. The complainant examined himself as P.W.1 and got marked 7 documents as Exts.P1 to P7.