JUDGMENT

Dated this the 5th day of January, 2021 This Appeal is directed against the judgment in C.C.No.586 of

2002 of Judicial First Class Magistrate Court, Thiruvalla (for short, 'the trial court'). The judgment was pronounced by the court in a prosecution filed by the appellant under Section 138 of the Negotiable Instruments Act, 1881 (for short, the N.I Act').

2. The allegations in the complaint was that the accused borrowed a sum of Rs.50,000/- from the complainant on 11.10.2000 and when that amount was demanded back, a cheque dated 21.12.2001 drawn on Catholic Syrian Bank Ltd. Chengaroor extension counter was executed and issued. The cheque was presented for encashment before the Corporation Bank at Pathanamthitta Branch on 04.01.2002 and it was dishonoured on 09.01.2002 for the reason of insufficiency of funds in the account maintained by the accused with the Bank. Memo to intimate about the bouncing of the cheque was issued to the complainant from the Bank on 17.01.2002. Statutory notice in writing demanding repayment of the amount within 15 days and apprising the factum of dishonour of the cheque, was issued to the accused. Despite receipt of the notice, the amount demanded