GIRIJA Vs. PALMER

JUDGEMENT

(1.) The order of acquittal, dtd. 15/10/2007 passed in C.C.No.3 of 2005 by the Judicial Magistrate No.1, Kuzhithurai, is being challenged in the present Criminal Appeal.

(2.) The appellant herein as complainant, has filed the complaint in question under Sec. 138 r/w 142 of the Negotiable Instruments Act, 1881 on the file of the Court below and the same has been taken on file in C.C.No.3 of 2005.

(3.) It is stated in the complaint that the respondent/accused has received a sum of Rs.1,30,000.00 from the complainant and in order to discharge the same, he has given the cheque in question and the same has been presented in the concerned Bank. But the concerned Bank has returned the same stating 'insufficient funds' and subsequently, within thirty days of receipt of information, legal notice has been issued and even after receipt of the notice, the respondent/accused has failed to discharge the liability and thereby committed an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881. Under the said circumstances, the petition has been filed.