J U D G M E N T

This appeal is at the instance of the complainant in CC No.186 of 2010 on the file of Judicial First Class Magistrate Court-II, Chengannur, challenging acquittal of the accused, in a complaint filed by him under Section 138 of the Negotiable Instruments Act (N.I.Act for short) as per judgment dated 27/3/2012.

2. The case of the appellant/complainant was that, the accused borrowed Rs.8 lakh from him, and towards discharge of that debt, she issued Ext.P1 cheque dated 16/3/2009 drawn on Thiruvalla East Co-operative Bank Ltd, Kumbanad Branch assuring him that it would be encashed on presenting before the bank. But it was returned dishonoured with a memo stating reason ‘funds insufficient’. Thereafter, legal notice was issued by the appellant/complainant to the accused on 21/4/2009 intimating dishonour of the cheque and demanding the cheque amount. On 5/5/2009, the accused sent a reply stating untenable contentions, but the amount was not repaid. Hence, he filed the complaint under Section 138 of NI Act.

3. After taking cognizance, and on appearance of the accused before the trial court, particulars of offence were read over and explained, to which she pleaded not guilt