SUNIL VARGHESE Vs. JOSE VARGHESE

JUDGEMENT

(1.) The appellant is the complainant. Challenge in the appeal is directed against the acquittal of 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, as stated in the complaint, is as follows: The accused issued a cheque dated 20.05.2004 for Rs.1,70,000/- in favour of the complainant towards discharge of a legally enforceable debt. The complainant presented the cheque in the bank. The cheque was dishonoured for the reason that payment was stopped. The complainant received intimation regarding the dishonour of the cheque on 09.09.2004. He sent a lawyer notice to the accused demanding payment of the amount of the cheque. The accused received the notice on 14.09.2004. He did not pay the amount.

(3.) During the trial of the case, the complainant was examined as PW1 and Exts.P1 to P6 documents were marked on his side. DW1 was examined and Exts.D1 to D7 documents were marked on the side of the accused.