RAMAKANTH Vs. V A RAHIM

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in s. T. R. No. 113 of 1999 on the file of the Sub-Divisional judicial Magistrate, Mahe. The complainant is the appellant herein.

(2.) THE short facts of the private complaint preferred under Section 200 of Cr. P. C, for the offence punishable under Section 138 and 142 of the Negotiable Instruments Act, are as follows:-The accused borrowed a sum of Rs. 50,000/- (Rupees fifty Thousand only) from the complainant on 14. 09. 1998 at mahe and in discharge of the said amount the accused issued a cheque for the amount dated 6. 1. 1999 bearing No. 064083 drawn of Indian Bank, Tellicherry Branch. When the cheque was presented on 06. 01. 1999, the cheque was dishonored by the Indian Bank, Mahe, on account of insufficiency of fund in the account of the accused as per memo dated 8. 1. 1999. The complainant issued a legal notice on 13. 1. 1999 through his counsel giving 15 days time from the date of return of the cheque, calling upon him to pay the cheque amount and the accused received the notice on 14. 01. 1999. However he did not pay his debt and he did not send reply. The accused has committed an offence under Section 138 of the NI act. The complaint was filed within one month from the expiry of 15 days grace period to pay the cheque amount. Hence, the complaint.

(3.) THE complaint was taken on file by the learned Sub-Divisional Judicial Magistrate and after the accused appearing on sommons, copies under Section 207 of Cr. P. C were furnished and when the offence was explained to the accused he pleaded not guilty.