2026 (2) TMI 509

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.... for the appellant/complainant as well as the learned State Brief Adv. Archana Mithran O.K., appearing for the first respondent/accused in this case and also heard the learned Public Prosecutor appearing for the second respondent. 3. M/s. Malabar Cements Limited, as complainant had filed a complaint under Section 142 of the Negotiable Instruments Act, (for short, 'NI Act', hereinafter) before the Judicial First Class Magistrate Court - I, Palakkad alleging that the accused/first respondent herein committed offence punishable under Section 138 of the NI Act, on dishonour of Exts.P2 and P3 cheques alleged to be issued by the accused in favour of the M/s. Malabar Cements Ltd., for Rs. 32,000/- and Rs. 79,500/-, for want of funds, wh....

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....ate Brief, production of documents before the appellate court would not suffice the requirement of production of relevant documents before the trial court itself. 8. In the instant case, as discernible from paragraph No. 7 of the judgment and as already pointed out, the non-production of postal receipt /acknowledgment card by the appellant/complainant before the Magistrate Court found to be fatal by the learned Magistrate, while acquitting the accused. Indubitably, as regards issuance of demand notice under Section 138(b) of the N.I. Act is concerned, the requirement of law is, issuance of notice in writing in the correct address of the accused and serving of notice is not the requirement of law. In the decision in C.C. Alavi Haji v. Pal....

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.... result in the acquittal of the accused. Therefore, the finding of the learned Magistrate in the instant case to be found as justifiable. 10. However, it is noticed that the documents which were failed to be produced, as discussed herein, were produced in a connected case in between the same parties and non-production of above documents resulted in the acquittal of the accused, where the money due to a public sector undertaking is involved. 11. Having noticed these facts, the argument of the learned counsel for the appellant that after setting aside the judgment impugned, the matter may be remanded back to the Magistrate Court, with an opportunity to the appellant/complainant to adduce further evidence in this case by producing the do....