JUDGMENT

Dated this the 10th day of March, 2022 The appellant is the complainant in C.C.

No.263/2013 on the files of Judicial First Class Magistrate Court-III, Kochi for offences punishable under Section 138 of the Negotiable Instruments Act . The 2nd respondent is the accused.

2. The case of the appellant/complainant before the court below was that, the accused, towards the discharge of a legally recoverable debt had executed Ext.P3 cheque dated 07.11.2012, for a sum of Rs.58,000/- (Rupees Fifty eight thousand only). The cheque on presentation was returned dishonoured on ground insufficiency of funds. After issuing Ext.P6 notice, which was not replied, the complaint was laid. Before the court below, PW1 was examined and Exts.P1 to P8 were marked. The court below, on the basis of available evidence concluded that the complainant failed to disclose in the complaint or in the notice, the details of transaction, that the accused was a subscriber to a chitty, that he bid the chitty and later committed default of chitty, date of issuance of cheque, date of default of payment and the fact of issuance of Ext.P2 notice, were not disclosed in the complaint. The court further held that no do