MUHAMMED IQBAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer in this petition is for grant of special leave as per Sec. 378(4) of the Code of Criminal Procedure, 1973, so as to file criminal appeal to impugn the judgment dated 28.6.2017 rendered by the trial court concerned (Court of Judicial First Class Magistrate-II, Kollam), whereby the accused in S.T.No.2523/2010 has been acquitted of the offence punishable under Sec.138 of the Negotiable Instruments Act. The petitioner herein is the complainant and the 2 nd respondent herein is the accused in the abovesaid S.T.No.2523/2010.

(2.) Heard Sri.Sreekanth S.Nair, learned counsel appearing for the petitioner (complainant) and Sri.Justin Mathew, learned Prosecutor appearing for R-1 State. In the nature of the order that is proposed to be passed in this petition, notice to R-2 (accused) will stand dispensed with.

(3.) The brief of the allegations in the complaint is to the effect that the accused had borrowed an amount of Rs.50,000/- from the complainant on 10.6.2009 and that for repaying the said amount, post dated cheque as per Ext.P-1 bearing date 11.3.2010 for Rs.50,000/- was issued and that the cheque when presented, resulted in dishonour as per Ext.P-2. Thereupon, the complainant had issued Ext.P-3 statutory demand notice calling upon the accused to pay of the amount covered by the said cheque within 15 days from the date of receipt of the said notice. The said notice sent by registered post was duly served on the accused as per Ext.P-4, to which the accused had sent Ext.P-5 reply. Since the amount was not paid, the complainant, after taking recourse to the necessary procedural formalities, had instituted the present complaint, which resulted in the trial.