KUNJU VISWANADHAN Vs. RAMAKRISHNAN SURENDRAN

JUDGEMENT

(1.) JUDGMENT :- The complainant in C.C. No. 167/90 on the file of the Judicial First Class Magistrate's Court, Attingal is the appellant.

(2.) The appellant filed the complaint against the respondent alleging offence punishable under Section 138 of the Negotiable Instruments Act. It is the case of the appellant that the respondent issued a cheque for Rs. 35,000/- in repayment of the loan on 25-1-1990 and when the cheque was presented for encashment it was dishonoured. The registered notice sent by the appellant intimating about the dishonour of the cheque and calling upon the respondent to pay the amount is refused by the respondent. Therefore the respondent has committed the offence punishable under Section 138 of the Negotiable Instruments Act.

(3.) The lower Court after trial by judgment dated 2-12-1991 found that the respondent is not guilty of the offence punishable under Section 138 of the Negotiable Instruments Act and acquitted him.