R.R.THAMPI JAYA RAJ Vs. D.BIJU

JUDGEMENT

(1.) This Criminal Appeal has been preferred as against the Judgment passed in S.T.C.No.17 of 2018, dtd. 29/10/2018, by the learned Judicial Magistrate No.II, Padmanabhapuram, thereby dismissed the complaint lodged by the appellant and acquitted the respondent for the offence punishable under Sec. 138 of the Negotiable Instruments Act.

(2.) The appellant lodged a complaint as against the respondent for the offence punishable under Sec. 138 of the Negotiable Instruments Act, alleging that the respondent borrowed a sum of Rs.8,00,000.00 as loan from the appellant on 18/1/2016. In order to discharge the liability, the respondent issued cheque and it was presented for collection on 19/3/2016. However, it was returned dishonored for the reason that 'funds insufficient'. After causing statutory notice as required under Sec. 138 of the Negotiable Instruments Act, the appellant lodged the complaint and the same has been taken cognizance in S.T.C.No.17 of 2018.

(3.) On the side of the appellant, he himself examined as P.W.1 and marked Exs.A.1 to Ex.A.6 and on the side of the respondent, he himself examined as D.W.1 and one K.Prasath was examined as D.W.2 and no document was marked.