A K SIDIQUE Vs. SAGINA P K

JUDGEMENT

(1.) The appellant is the complainant. The appeal is filed by him challenging 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 owed a sum of Rs.1,50,000/- to him. Towards the discharge of that debt, the accused issued a cheque dated 20.04.2004 for Rs.1,50,000/- to him. The complainant presented the cheque in the bank. It was dishonoured for the reason that there was no sufficient funds in the account of the accused. The complainant sent a lawyer notice to the accused demanding payment of the amount of the cheque. The notice was returned unserved. The accused did not pay the amount of the cheque.

(3.) The accused pleaded not guilty. Thereupon, the complainant was examined as PW1 and Exts.P1 to P6 documents were marked on his side. DW1 and DW2 were examined on the side of the accused and Exts.D1 to D4 documents were marked on her side.