RAMDAS KADIRUR Vs. A. KANAKAPPAN

JUDGEMENT

(1.) The revision petitioner is the accused in S.T.C.No.520 of 2019 on the file of the Judicial Magistrate of First Class, Thalassery. He was prosecuted by the 1st respondent herein u/s 138 of the Negotiable Instruments Act , 1981.

(2.) Brief facts necessary to be noticed for deciding this revision petition can be stated thus: The petitioner approached the de facto complainant and offered to arrange a Government job for five persons and for making such arrangements demanded money. As demanded, the 1 st respondent handed over a sum of Rs.1,05,000/- to the petitioner. When he failed to arrange the job, the amount was demanded back. In discharge of the legally enforceable debt incurred by him, the petitioner is alleged to have issued a cheque for a sum of Rs.1,05,000/- dated 25.11.2007 drawn on an account maintained by him with the Punnol Service Co-operative Bank Ltd., Kurichiyil Main Branch. When the cheque was presented it was dishonoured with an endorsement "Funds insufficient". Statutory notice was issued to which a reply was issued. However, the amount was not repaid. This prompted the 1 st respondent to approach the learned Magistrate seeking to prosecute the petitioner.

(3.) Before the learned Magistrate, the complainant gave evidence as PW1 and Exts.P1 to P7 were marked through him. The incriminating materials arising out of the prosecution evidence was put to the accused under Section 313 of the Cr.P.C. No evidence was adduced by the defence.