V.SURENDRAN Vs. SREEDEVI S.

JUDGEMENT

(1.) The appellant is the complainant. Challenge in the appeal is directed against the judgment of the trial court acquitting the first respondent/accused of the offence punishable under Section 138 of the Negotiable Instruments Act,1881 (hereinafter referred to as 'the Act').

(2.) The case of the complainant is as follows: In order to discharge the debt towards the complainant, the accused issued a cheque dated 01.04.2007 for Rs.60,000/- to the complainant. The complainant presented the cheque in the bank. It was dishonoured for the reason that there was no sufficient amount in the account of the accused. The complainant sent a lawyer notice to the accused demanding payment of the amount of the cheque. The accused received the notice. She did not send any reply. She did not pay the amount.

(3.) During the trial of the case, the complainant got himself examined as PW1 and a witness was examined as PW2 and Exts.P1 to P6 were marked. No evidence was adduced by the accused.