RANJINI RAMASWAMY Vs. JOSHY GEORGE

JUDGEMENT

(1.) The complainant in CC No.734/2002 of the Judicial Magistrate Ernakulam, aggrieved by the dismissal of his complaint filed under section 138 of the Negotiable Instruments Act, has approached this Court.

(2.) The case set up by the complainant before the court below was that he had entered into an agreement with the accused on 19/3/2001 in relation to the conferring of World Negative Rights of a film produced by the accused. Rupees Ten Lakhs was agreed to be paid. Rs.5 Lakhs was paid on the same day. Balance of Rs. 5 Lakhs was paid in installments, apart from few other payments. Due to some disputes, the film could not be released and hence, towards the discharge of the liability due to the complainant, the accused delivered a cheque for a sum of Rs. 9 Lakhs on 11/2/2002. It was presented for collection and was returned dishonoured on 21/1/2002. A statutory notice was issued which was received by the accused on 27/3/2002. After the completion of the statutory period, complaint was laid on 26/3/2002. Thereafter, a reply dated 4/4/2002 was received.

(3.) The accused appeared before the court below and demanded trial. On the side of the complainant, she was examined as PW1 and her husband was examined as PW2. Exts.P1 to P7 were marked. On the side of the accused, he got himself examined as DW1. The court below, after hearing both sides and evaluating the evidence, dismissed the complaint, which is assailed in this appeal.