SREE GOKULAM CHIT Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal arises from the judgment in S.T.No.2724/2004, of the Judicial First Class Magistrate Court - IV, Mattanur, for offences punishable under Section 138 of the Negotiable Instruments, Act, 1881. The appellant who is the complainant before the Court below challenges the judgment in the above S.T., by which the accused was acquitted.

(2.) The complainant is a kuri company. The accused had joined a chitty run by the kuri company from the Irutty branch. It was auctioned by the accused. Towards the discharge of the amount due, a cheque for a sum of Rs.38,171/- (Rupees Thirty Eight Thousand One Hundred and Seventy One only) drawn on his bank account was issued. The cheque was presented for collection, which was returned dishonoured on the ground of insufficiency of funds. A statutory notice was issued, which was replied. Accused failed to pay the money and hence the complaint was laid.

(3.) The accused appeared and contested the proceedings. On the side of the complainant, PW1 was examined and Exts.P1 to P10 were marked. There was no defence evidence. The Court below, on the basis of the available materials concluded that complainant failed to establish the case of the complainant and acquitted the accused. This is assailed in this appeal.