SAJJID WODEYAR Vs. T.K.SHAREEF

JUDGEMENT

(1.) THE learned trial Judge had acquitted respondent (hereinafter referred to as 'accused') of an offence punishable under section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act'). Therefore, appellant (hereinafter referred to as 'complainant') is before this court.

(2.) I have heard Sri Deviprasad Shetty, learned counsel for appellant -complainant and Sri Ismail, learned counsel for respondent -accused.

(3.) THE defence of accused is two fold. The complainant was working as a Sales Manager in a jewellery shop. The complainant and accused were not known to each other. The complainant had no financial capacity to lend in a sum of Rs.3,00,000/ - to accused. The uncle of accused by name Shabbir was a customer of jeweller's shop in which complainant was working. The accused had given a blank signed cheque to his uncle namely Shabbir, in relation to certain transaction, which he had with the owner of "Jeweller's House" namely Majid. Therefore, cheque was not issued to discharge a legally recoverable debt or liability.