JOSCO AGENCIES Vs. K.P. SHUKKOOR

JUDGEMENT

(1.) The appellant herein is the complainant in C.C. No. 424 of 2006 of the Judicial First Class Magistrate Court, Marad Cases, Kozhikode, and the first respondent herein is the accused in the said case. The complainant brought the prosecution under section 138 of the Negotiable Instruments Act on the allegation that a cheque for Rs. 1,02,949/- issued by the accused in discharge of the price of the goods purchased by him from the complainant was bounced due to insufficiency of funds, and in spite of notice, he did not make payment of the cheque amount. The complainant is a wholesale distributor of footwear items, represented by the power of attorney holder, and the accused is said to be the Managing Partner of a firm by name, 'Keypees Agencies'. The amount covered by the cheque is said to be the price of the footwear items allegedly purchased by the accused for his partnership firm, from the complainant.

(2.) The accused appeared before the trial court, and pleaded not guilty when the particulars of the offence were read over and explained to him. The complainant examined PW1 and proved Exts. P1 to P8 documents.

(3.) When examined under Section 313 Cr.P.C., 1973 the accused denied the incriminating circumstances, and maintained a defence that he had no transaction with the complainant, and that he had not issued any cheque in discharge of any liability to the complainant. The accused did not adduce any evidence of his own in defence.