SREEJU Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed to quash the complaint filed against the petitioner alleging offence under S.138 of Negotiable Instrument Act (for short 'the Act').

(2.) A complaint was filed against petitioner by second respondent herein, on the allegation that ' 6,00,000/- was handed over to accused to be given to seek admission in a College. Out of this amount, only ' 4,00,000/- was given by accused to the College authorities. He promised to pay the balance amount of ' 2,00,000/- also to them. Since the amount was not paid by accused, complainant's father somehow raised the amount and paid it.

(3.) Towards the accused's liability to return ' 2,00,000/- to complainant, petitioner issued a cheque for ' 2,00,000/- in the name of the complainant. The cheque on presentation to the bank was dishonoured with the endorsement 'funds insufficient'. A notice was sent to accused demanding repayment but the amount was not paid. Hence, a complaint was filed alleging offence under S.138 of the Negotiable Instrument Act.