JUDGMENT

Aggrieved by the order of acquittal in S.T.No.146 of

2008 of the Judicial First Class Magistrate-II, Nadapuram for the offence under section 138 of the Negotiable Instruments Act, 1881, the complainant before the court below has come up in appeal after obtaining leave of this Court.

2. The facts absolutely necessary for the disposal of this appeal are as follows:

Sree Gokulam Chits & Finance Company Pvt. Ltd runs chitty business. It is stated that the daughter-in-law of the accused namely, Jeshma was a subscriber to one of the chits run by the company. She bid the chit and received the amount. Later on, when she defaulted in payment of instalments, it is the case of the complainant that the accused herein went along with the defaulter to the company and undertook to discharge the liability that was due from the subscriber. In pursuance thereof, the further case is that the accused issued Ext.P1 cheque. The cheque on presentation was returned for want of funds. A statutory notice did not either invoke any reply nor payment. Hence the complaint was laid.

3. The court before which the complaint was laid took cognizance of the offence and after following the procedure, issued noti