MOHANAN PILLAI Vs. C.V. ABRAHAM

JUDGEMENT

(1.) The appellant is the complainant in C.C.No.1231 of 2005 on the files of JFCM-III, Punalur and he challenges the order of acquittal of the accused in the private complaint filed by him for an offence punishable under Section 138 of the Negotiable Instruments Act (for short, 'the Act' only).

(2.) His case before the court below was that in discharge of a debt for an amount of Rs.1,20,000/- incurred by the accused, he obtained Ext.P2 cheque dated 20.8.2005 from the accused drawn in his name on Edamon Service Co-operative Bank. On presentment of the cheque, it was dishonoured for want of sufficient funds at the credit of the drawer. On service of due notice of dishonour and demand for discharge of debt, the accused did not either discharge the debt or send any reply and therefore after waiting for the statutory period of time, the appellant filed private complaint before the court below for offence punishable under Section 138 of the Act.

(3.) On the accused pleading not guilty to the charge, the complainant examined himself as PW1 on his side. Exts.P1 to P7 were admitted as evidence on his side and he underwent cross examination. At the end of the prosecution evidence, the accused was questioned under Section 313 of Cr.P.C. and he developed a case that Ext.P2 delivered by him to the complainant was a blank cheque. It was issued as security in connection with a share business which he was conducting with the complainant. In support of his contention, no independent evidence was, however, adduced.