MANESH VARGHESE Vs. SAINULABUDEEN

JUDGEMENT

(1.) This instant appeal is directed against judgment dated 3rd April, 2008 rendered by the learned Judicial First Class Magistrate-III, Kottarakkara in C.C.No.188/2007 acquitting the accused under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for short).

(2.) It is the case of the appellant/complainant (hereinafter referred to as 'complainant') that the respondent/accused (hereinafter referred to as the 'accused') borrowed a sum of Rs.1,25,000/- on 20.3.2006 and issued a cheque drawn on Kollam District Co-operative Bank, Oyoor Branch in the name of the complainant towards repayment of the loan. The complainant presented the said cheque for encashment through Federal Bank, Oyoor Branch. But the cheque was returned unpaid with the endorsement 'funds insufficient'. On 18.5.2006, the complainant issued a legal notice to the accused through his Advocate calling upon the accused to pay the cheque amount. The said notice, sent by registered post duly served on the accused. The accused, however did not reply to the notice nor did he pay the cheque amount to the complainant.

(3.) The complainant filed a criminal complaint under Section 138 of the Act before the court below. Upon consideration of the complaint, the learned Magistrate is prima facie satisfied that a case is made out against the accused. Hence the learned Magistrate took cognizance of the offence under Section 138 of the Act and the case was taken on file as C.C.No.785/2006 of the Judicial First Class Magistrate Court-II, Kottarakkara. Thereafter, the case was transferred to the Judicial First Class Magistrate Court-III, Kottarakkara where the case was renumbered as C.C.No.188/2007.