C.N. PRABHAKARAN NAIR Vs. S. DIVAKARAN NAIR

JUDGEMENT

(1.) THE complainant in a prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') is the appellant as he is aggrieved by the order dated 06/06/2011 in S.T.No.412 of 2010 of the court of the Judicial Magistrate of the First Class-II, Aluva by which the learned Magistrate acquitted the accused under Section 255(1) of the Cr.P.C.

(2.) THE case of the complainant is that towards the discharge of the debt owed to the complainant the accused issued two cheques bearing registration No.069066 and 069067 both dated 20/11/2009 and when the cheques presented for encashment the same were dishonoured for want of sufficient fund in the account of the accused and the accused has not repaid the amount covered by the dishonoured cheque and therefore the accused has committed the offence punishable under Section 138 of the N.I. Act.

(3.) HEARD the learned counsel for the petitioner Sri.P.N.Sukumaran, and Adv.Sri.Kurian Antony Edassery, the learned counsel for the first respondent/accused.