ABDULKHADER K.P. Vs. C. PANKAJAKSHAN NAMBIAR

JUDGEMENT

(1.) Complainant in S.T.No.74/2005 before Judicial First Class Magistrate, Payyannur, challenges order of acquittal of accused in the private complaint filed by him under Section 138 of the Negotiable Instruments Act, 1881(for short, the N.I.Act).

(2.) Complainant's case is that the accused in partial discharge his gross liability for an amount of Rs.4,50,000/- issued Ext.P1 cheque dated 05.12.2004 in favour of him drawn on Cheruthazham Service Co-operative Bank Limited, Mundoor branch and on presentment of the cheque, it was dishonoured for 'want of sufficient funds' at the credit of the accused. Accused did not reply to the notice sent by complainant demanding discharge of debt and therefore, complaint was filed for offence punishable under Section 138 of the N.I.Act, after complying with all formalities required by law.

(3.) On accused denying charge, the court below examined the appellant/complainant as PW1 and received Exts.P1 to P5 in evidence on his side. The accused in his answers given under Section 313 of the short 'the Code of Criminal Procedure, 1973(for Cr.P.C.) said that he did not have any monetary transaction with the appellant nor he issued Ext.P1 cash cheque to the latter. According to him, Ext.P1 which is a blank cheque was given to complainant's father Moosa Haji, as security for rent arrears of a building after it was taken on rent from Sri. Haji. The building was taken on rent for conducting Ayurvedic pharmaceuticals in his wife's name and therefore, a blank cheque drawn by his wife was also given to Sri. Haji. When accused's relationship with appellant fell out, the latter managed to obtain Ext.P1 cheque from Sri. Haji and filed this false complaint. In support of his case, he examined his Driver as DW1.