JUDGMENT

The appeal is filed questioning the legality and correctness of the judgment passed in C.C. No.246/2008 by the Court of the Judicial First Class Magistrate, Kayamkulam, holding the first respondent/accused not guilty for the offence under Section 138 of the Negotiable Instruments Act (‘Act’, for short) and consequently acquitting the accused. The appellant was the complainant and the first respondent was the accused in the above case. For the sake of convenience, the parties are, referred to as per the status before the Trial Court.

Facts in brief

2. The complainant had filed the above complaint against the accused alleging that the accused had borrowed a sum of Rs.1,50,000/- from the complainant on 1.10.2007, and in discharge of the said liability, the accused had issued Ext.P1 cheque dated 8.10.2007. The cheque, on presentation to the bank for payment, got dishonoured due to ‘insufficiency of funds’ in the accused’s bank account. The complainant sent Ext.P4 statutory lawyer notice, claiming the demanded amount. Although the accused received the notice, he failed to pay the amount. Hence, the accused committed the above offence.

3. The learned Magistrate took cognizance of