B V SAMPATHKUMAR Vs. K G V LAKSHMI

JUDGEMENT

(1.) THE respondent-accused is prosecuted by way of a private complaint for committing the offence under Section 138. Negotiable Instruments Act (for short, the Act ).

(2.) THE gist of the complainant's case discloses that the accused borrowed a sum of Rs. 75,000/-in connection with film business. The cheque, Ex. P1 was issued towards repayment. When the complainant presented the cheque to the bank, it is dishonoured. Statutory notice is issued as required under Section 138 of the Act. Thereafter, a private complaint is filed. It is the contention of the accused that the cheques have been issued only as security for repayment of the loan and contends that the blank cheque, is issued. Therefore, no prosecution can lie under Section 138, of the Act.

(3.) THE complainant has examined himself as PW-1 and marked in evidence the dishonoured cheque, copies of notice, postal acknowledgments, reply correspondence of the accused. The accused has marked in evidence documents, Exs. D1 to D6. He is neither examined nor any witness in support of his case.