J U D G M E N T

This appeal is at the instance of the complainant in CC No.447 of 1999 on the file of Judicial First Class Magistrate Court-I, Kollam, assailing the judgment in Crl.Appeal No.311 of 2002 on the file of Additional Sessions Judge (Ad Hoc-III), Kollam, by which, the accused was acquitted under Section 138 of the Negotiable Instruments Act (hereinafter referred as ‘the NI Act’), reversing the judgment of conviction and sentence by the trial court.

2. The case of the complainant is that the accused borrowed Rs.3,00,000/- from him and issued Ext.P1 cheque dated 11.01.1999 towards discharge of that amount, assuring that it would be honoured on presentation before the bank. But, that cheque was returned dishonoured for the reason ‘funds insufficient’. He sent a 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 repaid and 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.

PWs1 and 2 were examined and Exts.P1 to P6