J U D G M E N T

This appeal is at the instance of the complainant in ST No.359 of

2004 on the file of Judicial First Class Magistrate Court-IV, Kozhikode, challenging acquittal of the accused under Section 138 of the Negotiable Instruments Act (hereinafter referred as ‘the NI Act’), vide judgment dated

01.11.2006.

2. The complainant is M/s.Poly Flex Fibre Products represented by its sole proprietrix Smt.Mary Kutty Alex, wife of Sri.K.C.Thomas. The case of the complainant is that the accused, who is the leader of N.Abdulla Group of Fishermen, approached the complainant firm, for manufacturing a fibreglass boat. The boat was manufactured and delivered to the accused after receiving the entire amount. Thereafter, the accused approached the complainant requesting for a loan of Rs.1,75,000/-, for purchasing a fishing net. On 23.05.2003, Rs.1,75,000/- was paid by the complainant to the accused on the strength of Ext.P1 receipt. Towards discharge of that debt, Ext.P2 cheque was issued on the very same day, i.e., on 23.05.2003 for an amount of Rs.1,75,000/-, with a request to present the cheque before Bank after four months. That period was extended further by one more month and thereafter, th