JUDGMENT

Dated this the 3rd day of June, 2022 This appeal is directed against the judgment dated

05.05.2016 in S.T.C.No.819 of 2014 of Judicial First Class Magistrate Court-II, Mananthavady ( for short ‘the trial court’). The trial court has dismissed the complaint and acquitted the accused under Section 255 (1) of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’) for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short the ‘NI Act’).

2. The trial court had framed the following points for adjudication.

“(i) Whether the complaint is bad for non impleadment of M/s. Astern Chits Private Limited as a party to the

proceedings?

(ii) Whether Ext.P1 cheque was drawn and delivered by the accused to the complainant in discharge of legally

enforceable debt?

(iii) Whether Ext.P1 cheque was bounced for insufficiency of funds in the account of the accused?

(iv)Whether the complainant has complied with statutory formalities directed by sections 138 (b) and

142(b) of the Negotiable Instruments Act?

(v) Whether the accused are guilty of the offence punishable under Section 138 of the Negotiable Instruments Act?

(vi) If so, what is the order or sentence to be passed