JUDGMENT :

The above appeal is filed by the complainant in C.C. No.19 of 2005 on the files of the Judicial First Class Magistrate-1, Harippad. The 1st respondent herein is the accused in the above case. The above case was filed by the appellant against the 1st respondent for prosecuting him under Section 138 of the Negotiable Instruments Act, 1881. (hereinafter the parties are mentioned according to their rank before the trial court)

2. The case of the complainant in nutshell is as follows:

The accused had borrowed an amount of Rs.50,000/- from the complainant. Towards the payment of the said legally enforceable debt amount, the accused had issued a cheque on 11.11.2004. But the cheque when presented in the bank was dishonoured due to “stop payment” instruction by the accused. Though statutory notice demanding the said amount was issued to the accused, he did not make the payment even after receipt of the same. Hence, the complaint.

3. To substantiate the case, PW1 and PW2 were examined on the side of the complainant. Exhibits P1 to P8 are the exhibits marked on the side of the complainant. Exhibits D1 and D2 are the exhibits on the side of the defence.

4. On going through the evidences