P.P. ABOOBACKER HAJI Vs. C.P. HANEEFA

JUDGEMENT

(1.) The appellant herein is the complainant in S.T. No. 700 of 2005 of the Judicial First Class Magistrate Court, Pattambi, and the first respondent herein is the accused therein. The appellant brought the prosecution under section 138 of the Negotiable Instruments Act on the allegation that a cheque issued by the accused for Rs. 30,000/- in favour of the complainant in discharge of a liability was bounced due to insufficiency of funds, and in spite of statutory notice, the accused failed to make payment of the cheque amount.

(2.) The accused appeared before the learned Magistrate, and pleaded not guilty when the particulars of the offence were read over, and explained to him. The complainant examined himself as PW1, and proved Exts. P1 to P5 documents.

(3.) When examined under Section 313 Cr.P.C., 1973 the accused denied the incriminating circumstances, and denied the Ext.P1 cheque. He did not adduce any evidence in defence.