MOHEMMED ALI K Vs. M P SALIM

JUDGEMENT

(1.) Leave granted.

(2.) The complainant filed complaint against the appellant for the offence under Section 138 of the N.I. Act. As per the allegation in the complaint the accused appellant borrowed Rs. 2,00,000 from the complainant on 30th September, 2000. The accused demanded the said sum from the complainant for the purpose of repaying the debt which he had incurred to another person. At the time of borrowing of the money, the accused promised to pay back the same to the complainant by selling his mother's property and house within a month. However, on 4th November, 2000 when the complainant demanded to pay the amount, instead of making the payment in cash, the accused issued the cheque (Ex. P1) drawn on his account for Rs. 2,00,000. The cheque was presented to the bank but it was returned stating "insufficient funds". The complainant's lawyer thereafter issued notice calling upon the accused to repay the amount within 15 days but the accused failed to repay the amount. Thereafter the complainant lodged the complaint.

(3.) During the prosecution case, the complainant himself examined as PW 1 and marked Ext. P1 to P10. The accused also examined DW1 on his side. The trial court analysed the evidence adduced by both the sides and held thus: