RAPHY.C.L Vs. REJI THOMAS

JUDGEMENT

(1.) The appellant is the complainant. Challenge in the appeal is directed against the judgment of the trial court acquitting the first respondent/accused of the offence punishable under Section 138 of the Negotiable Instruments Act,1881 (hereinafter referred to as 'the Act').

(2.) The case of the complainant, as per the averments in the complaint, is that the accused had drawn and delivered to him a cheque dated 17.05.2006 for Rs.20,000/- in discharge of a legally enforceable debt. The complainant presented the cheque in the bank. It was dishonoured for the reason that there was no sufficient amount in the account of the accused. The complainant sent a lawyer notice to the accused demanding payment of the amount of the cheque. The accused received the notice. He did not pay the amount.

(3.) During the trial of the case, PW1 was examined and Exts. P1 to P6 were marked on the side of the complainant. The accused got himself examined as DW1. The trial court held that the complainant failed to prove execution of the cheque by the accused and therefore,found the accused not guilty of the offence punishable under Section 138 of the Act and acquitted him.