A N NADARAJAN Vs. K C NADARAJAN

JUDGEMENT

(1.) The complainant in C.C. 546/92 on the file of the Chief Judicial Magistrate's Court, Kottayam is the appellant.

(2.) The appellant filed complaint before the lower court against the 1st respondent alleging offence punishable under S.138 of the Negotiable Instruments Act. According to the appellant, the 1st respondent conducted a private chitty in gold in which the appellant subscribed one ticket and deposited 148 grams of gold in the chitty. Since the 1st respondent did not possess sufficient quantity of gold to pay back to the appellant he agreed to pay Rs. 49,000/- being the value of 148 grams of gold. In order to discharge that liability the 1st respondent issued two cheques for Rs. 22,400/- dated 25.3.92 and Rs. 26,600/- dated 2.4.92 drawn on Kumaranelloor Service Cooperative Bank in favour of the appellant. When the cheques were presented for encashment, they were dishonoured for want of sufficient funds to the credit of the 1st respondent. Though the 1st respondent received the notice caused to be sent on behalf of the appellant intimating about the dishonour of the cheques and calling upon him to pay the amount, he has not paid the amount. Therefore, he is guilty of the offence punishable under S.138 of the N.I. Act.

(3.) The lower court after trial found that the appellant has failed to prove all the ingredients of S.138 of the N.I. Act and no offence is made out against the 1st respondent under that Section, as such as the 1st respondent not guilty and acquitted him by judgment dated 21.9.1995. Hence this appeal is preferred before this Court.