LAKSHMI Vs. KENCHAPPA

JUDGEMENT

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

(2.) I have heard Sri N.J. Ramesh, learned counsel for accused.

(3.) AS could be seen from the tenor of cross -examination of complainant, accused has sought to establish that complainant was not known to him. The accused had not approached and borrowed a sum of Rs. 5,00,000/ - from complainant, on the other hand, the mother of complainant was running a chit fund of which the wife of accused was a subscriber. The wife of accused had bid a chit, in that connection, the mother of complainant wanted a signed blank cheque from accused. The accused was working as a Police Constable. The accused had issued a signed blank cheque to the mother of complainant as a security for repayment of chit amount by his wife. The mother of complainant had instigated complainant to file the instant complaint against accused on the basis of signed blank cheque given by accused as a security for the chit transaction between the wife of accused and the mother of complainant.