JUDGMENT

This is an application for special leave to appeal against the judgment in S.T.No.26/2006 on the file of the Judicial Magistrate of First Class-III, Kollam. As per the complaint filed by the petitioner/complainant it was stated that there was a hire purchase agreement regarding a vehicle between the petitioner/complainant and the 1st respondent and on the basis of the terms and conditions of that agreement, if any instalments are due, that can be recovered from the 1st respondent with interest. It was further stated in the complaint that the 1st respondent had defaulted four instalments for which he had issued a cheque. But, when the cheque was presented for encashment, the same was dishonoured on the ground of insufficiency of fund with the account of the 1st respondent. On getting intimation and on re-possessing the vehicle, the petitioner/complainant proceeded with the matter by filing a complaint alleging that the 1st respondent had committed an offence punishable under Section 138 of the N.I.Act.

2. To prove the case against the 1st respondent, Manager of M/s. Transworld Hire Purchase India was examined as PW1 and Exts.P1 to P7 were also produced. Denying the allegati