VIJAYLAXMI Vs. MOHAMMED PASHA

JUDGEMENT

(1.) The complainant in C.C. No. 1840/2009 on the file of learned JMFC-IV has come up in this appeal impugning the judgment dated 30th Nov., 2015 wherein the private complaint filed under Sec. 200 of Crimial P.C. for the offence punishable under Sec. 138 of Negotiable Instruments Act, is dismissed.

(2.) The brief facts leading to this appeal are as under:

(3.) In the said proceedings the defence of the respondent is to the effect that he was regularly purchasing cement from the complainant on credit basis. As and when goods were received he was in the habit of tendering blank cheques as security and continue to pay the value of the goods purchased over a period of time. In the instant case also according to respondent he has paid all the money that was due towards purchase of the cement. However the complainant has foisted a false complaint utilising the blank cheque furnished at the time of receiving the goods.