K.BHARGAVAN Vs. VIJAYAN

JUDGEMENT

(1.) Appellant, who is the complainant in the private complaint instituted by him under Section 138 of the Negotiable Instruments Act, 1881(for short 'the N.I. Act '), in C.C. No.267 of 2007 before the Judicial First Class Magistrate Court-III, Kottarakkara, challenges the impugned order of acquittal of the accused passed by the court below.

(2.) The prosecution case is that the complainant advanced a loan amount of Rs.2,00,000/- to the accused on 25.04.2006. When the repayment of loan was demanded, accused issued to him Ext.P1 cheque dated 27.07.2006 drawn for the said amount on the same date itself. The presentment of the cheque before the concerned bank resulted in dishonour on the ground of closure of account. The complainant, thereafter, issued a notice demanding discharge of debt, to which the accused did not respond at all. Therefore, after complying with all legal formalities, complaint was filed before the court below for prosecuting the accused for offence punishable under Section 138 of the N.I.Act.

(3.) After accused appeared on summons, he pleaded not guilty of offence when substance thereof was read over and explained to him.