J U D G M E N T

This appeal is at the instance of the complainant in CC No.123 of 2005 on the file of the Judicial Magistrate of First Class, Kodungallur, challenging acquittal of the accused under Section 138 of the Negotiable Instruments Act (hereinafter referred as ‘the N.I Act’), vide judgment dated 20.10.2006.

2. The case of the complainant is that, towards the cost of gold ornaments purchased by the accused from the jewellery shop of the complainant, he issued Ext.P1 cheque dated 23.11.2004, assuring that it would be honoured on presentation before the Bank. But, that cheque was dishonoured for the reason ‘insufficient funds’, as per Ext.P2 dishonour memo. Thereafter the complainant sent registered lawyer notice to the accused, intimating dishonour of the cheque and demanding the cheque amount. In spite of receipt of notice, the amount was not paid.Hence the complaint.

3. On taking cognizance and on appearance of the accused before the trial court, particulars of offence was read over and explained, to which, he pleaded not guilty and claimed to be tried.

4. PW1 wa