D.RAVI Vs. PAVITHRAN E.

JUDGEMENT

(1.) The petitioner is the accused in the case S.T No. 20/2017 on the file of the Court of the Judicial First Class Magistrate-II, Payyannur.

(2.) The aforesaid case is one instituted upon the complaint filed by the first respondent against the petitioner for the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act').

(3.) The case of the complainant is as follows: The accused borrowed an amount of Rs.1,00,000/- from him promising that he would repay the amount within a period of three months. The accused issued a post dated cheque dated 02.07.2015 for the amount in discharge of the liability on the assurance that the cheque would be duly honoured on presentation after the due date. The complainant presented the cheque in the bank. It was dishonoured for the reason that there was no amount in the account of the accused. The complainant sent a notice to the accused demanding payment of the amount of the cheque. The accused received the notice. He did not pay the amount. He did not send any reply.