J U D G M E N T

The complainant in CC No.238 of 2002 on the file of Additional Chief Judicial Magistrate, Ernakulam, filed this appeal challenging acquittal of the accused, under Section 138 of the Negotiable Instruments Act (hereinafter referred as ‘the NI Act’), as per judgment dated 31.05.2007.

2. The complainant, M/s.Sree Gokulam Chit & Finance Company, is a Private Limited company having its registered office at Chennai and a branch office at MG Road, Ernakulam. The complainant is represented by its power of attorney holder, who is the Assistant Manager of that company. He is empowered to institute the complaint and to give evidence. The 2nd accused is M/s.Woodlands Jewellers and the 1st accused is its partner. Rs.2,13,000/- was due to the complainant, from the accused, towards future instalments of kuri transactions, which the 2nd accused had subscribed with the complainant-company. Towards discharge of that debt, the 1st accused issued Ext.P2 cheque dated 14.12.2001, assuring that, it would be encashed on presentation before the Bank. The complainant presented that cheque for collection but it was dishonoured for the reason, ‘A/c transferred to suit file. No Balance.’, as pe