BHASKARAN Vs. RENJAN

JUDGEMENT

(1.) Appellant is the complainant in C.C. No.299/2003 on the file of the Judicial First Class Magistrate Court, Kayamkulam. It is a prosecution initiated by the appellant against the 1st respondent alleging offence punishable under Sec. 138 of the Negotiable Instruments Act (herein after the parties are mentioned in accordance to their rank before the lower court).

(2.) The prosecution case is that, the accused on 5/8/2002 purchased coconut oil for Rs.2,91,840.00 and issued a cheque bearing No. 115850 of S.B.T. Karungappally branch to the complainant. When the said cheque was presented for collection, the same was returned with an endorsement "insufficient fund". Thereafter, the complainant issued statutory notice on 28/1/2003 and the accused received the notice on 30/1/2003, eventhen the amount is not paid. Hence, the complaint is filed.

(3.) To substantiate the case, two witnesses were examined on the side of the complainant. Four witnesses were examined on the side of the defence. Exts. P1 to P7 are the documents marked on the side of the complainant. Exts. D1 to D10 are the documents marked on the side of the defence and Exts. X1 to X8 were also marked in this case.