JUDGMENT

This appeal is at the instance of the complainant in C.C.No. 198 of 2004 on the file of Judicial First Class Magistrate Court- II Punalur, challenging the judgment of acquittal under Section 138 of the Negotiable Instruments (for short, ‘the NI Act) Act, vide judgment dated 07.04.2006.

2. The case of the complainant was that, the accused borrowed Rs.1,50,000/- from her, and towards discharge of that debt, she issued Ext.P1 cheque dated 01.09.2002, drawn on Canara Bank, Kodaikanal Branch, assuring that it would be honoured on presentation before the bank. When the complainant presented that cheque before bank for collection, it was returned unclaimed for the reason ‘funds insufficient’. She sent registered lawyer notice to the accused intimating dishonour of the cheque, and demanding the cheque amount. That notice was returned unclaimed, and the amount was not repaid. Hence the complaint.

3. On taking cognizance, and on appearance of the accused before the trial court, particulars of offence were read over and explained, to which he pleaded not guilty, and claimed to be tried. The Power of attorney holder of the complainant was examined as PW1, and Exts.P1 to P7 were marked