C.K. BABU Vs. NIJO C.J.

JUDGEMENT

(1.) The complainant in S.T.No.2701/2006 on the file of the Judicial First Class Magistrate-I, Palakkad, is the appellant, who is aggrieved by the acquittal of the accused under Sec. 255(1), Cr.P.C. for the offence punishable under Sec. 138 of the Negotiable Instruments Act ("N.I.Act" for short).

(2.) The facts necessary for disposal of this appeal are thus: The accused borrowed a sum of Rs.1,00,000.00 from the complainant on 12/8/2006 promising to repay the same within a month, and on 18/9/2006, he issued Ext.P1 cheque for the said amount, drawn on his account maintained with the Catholic Syrian Bank Ltd., Nattika. On being presented for collection, the cheque was dishonoured for want of sufficient fund, vide Ext.P2 dishonour memo and Ext.P2 intimation. Ext.P4 statutory notice was issued to the accused demanding payment of the cheque amount. The accused failed to repay the amount within the stipulated time and hence the complaint.

(3.) The accused appeared and contested the complaint denying the accusations made against him. The complainant got himself examined as PW1 and also examined a witness as PW2 to testify regarding the transaction. The complainant also produced a copy of his savings bank account statement as Ext.P5 to prove that on 12/8/2006 he had withdrawn Rs.1,00,000.00 paid to the accused.