SUNILKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the complainant in S.T. No.1899 of 2007 on the file of Judicial First Class Magistrate Court-II, Varkala. In a prosecution launched by him against the 2nd respondent/accused under Section 138 of the Negotiable Instruments Act, 1881(for short 'the N.I. Act'), the latter was acquitted of offence aforesaid by the impugned judgment dated 29.10.2010. Being aggrieved by the said judgment, this appeal has been preferred.

(2.) The prosecution case is that on 04.03.2007, the accused came to the house of the complainant called 'Panchavadi' in Vettoor village and received a loan amount of Rs.3,00,000/- and in discharge of the debt, he executed Ext.P1 cheque dated 16.07.2007 drawn in favour of the complainant on State Bank of Travancore, Medical College branch, Thiruvananthapuram. The cheque on presentment was dishonoured on the ground of want of funds whereupon a demand notice seeking discharge of debt was issued to the accused. The accused disputed her liability and failed to make payment of the amount due under the cheque. Therefore, according to him, after complying with the statutory formalities required under Section 138 read with Section 142 of the N.I. Act he filed a private complaint for offence punishable under Section 138 of the N.I. Act.

(3.) Accused pleaded not guilty before the court below when the substance of offence was read over and explained to her.