(1.) The complainant in S. T. No. 588/93 on the file of the Judicial First Class Magistrate's Court-II, Thrissur is the appellant. The judgment dated 17-12-1993 passed by the lower court finding the accused not guilty and acquitting her and setting her at liberty is under challenge.
(2.) The appellant filed the complaint against the respondent alleging that the respondent issued a cheque for Rs. 8395/- towards the amount due from her in business transaction with the appellant dated 22-12-1992 and when it was sent for collection the cheque bounced and the respondent did not pay the amount inspite of registered notice dated 2-1-1993 intimating her about the dishonour of the cheque and calling upon her to pay the amount and as such the respondent has committed the offence punishable under Section 138 of the Negotiable Instruments Act.
(3.) The lower court after trial found that the respondent failed to pay the amount due under Ext P 1 cheque to the appellant within 15 days of the receipt of the notice intimating about the dishonour of the cheque and as such the appellant has got cause of action against the respondent. After finding that it has no jurisdiction to try the case, the lower court held that the respondent is not liable to be punished by the lower court and accordingly acquitted the respondent.