AUGUSTY Vs. RAJAN

JUDGEMENT

(1.) The complainant in C.C. No. 245/92 on the file of Judicial First Class Magistrate's Court - I, Thamarassery is the appellant.

(2.) The complaint was filed against the respondent alleging offence punishable under S.138 of the Negotiable Instruments Act. According to the appellant, the respondent borrowed Rs. 20,000/- from him agreeing to repay the same on 10.8.92 and issued a cheque for that amount drawn on North Malabar Gramin Bank, Pookode Branch. When the cheque was presented for encashment it was bounced for insufficiency of frauds to the credit of the respondent. The respondent did not pay the amount in spite of the registered notice dated 7.9.92 intimating about the dishonour of the cheque and calling upon him to pay the amount, instead he caused to send a reply notice making false allegations.

(3.) After trial the lower Court by judgment dated 15.10.1994 found that Ext. P1 cheque is not supported by any consideration and therefore the ingredients of the offence punishable under S.138 of the Negotiable Instruments Act are not made out in this case and acquitted the accused. Challenging the judgment of the lower court, the complainant has come up in appeal before this Court.