RAJENDRA Vs. G.N. SHOBHA

JUDGEMENT

(1.) THE respondent is the Complainant. It is the case of the Complainant that petitioner issued a cheque for Rs. 80,000/ - on 27.01.2009 bearing No. 132530 of State Bank of India, Jalahalli Branch, Bangalore towards discharge of loan given to him during July 2008. The cheque was presented on 27.01.2009, which was dishonoured. After issue of legal notice the Complainant has filed a private complaint under Section 200 Cr.P.C. Before trial court the Complainant examined herself and marked in evidence 6 documents. On behalf of the petitioner -accused no witness is examined and no documents are marked.

(2.) IT is the contention of the petitioner before the trial court that the blank signed cheque was issued towards loan amount due in a sum of Rs. 20,000/ - only, however, the respondent fabricated the cheque mentioning the amount payable in cheque as Rs. 80,000/ -, contrary to the terms of oral agreement and oral understanding between the parties. It is therefore, submitted that the cheque issued is not towards repayment of loan of Rs. 80,000/ -. Therefore, sought dismissal of the complaint.