K. C SUDHEENDRAN Vs. GOPAKUINAR

JUDGEMENT

(1.) PETITIONER is accused in C. C. No. 821/2007 of the J.F.M.C, Ambalappuzha facing trial for offence under Section 138 of the Negotiable Instruments Act (for short "the Act")- According to the 1st respondent, petitioner owed Rs. 1,50,000/- to him and for discharge of that liability, issued Ext. P1 cheque, which was dishonoured for insufficiency of funds.

(2.) PETITIONER denied the allegation and claimed that he had given the cheque as a security to the SNDP branch, Neerkunnam when he availed a loan from that institution. That cheque was misused by the office bearers of the SNDP branch.

(3.) I have been taken through the deposition of the 1st respondent as PW1. Learned Magistrate observed in the impugned order that a reading of the deposition would show that what 1st respondent stated in cross-examination is that petitioner signed the cheque in his presence. Learned counsel would, of course, contend that a reading of deposition of 1st respondent would show that according to him the cheque was written and signed by petitioner in his presence. But, on going through the deposition, I do not find any such positive statement by the 1strespondent that petitioner wrote the cheque in his presence. It is in that view that learned Magistrate has disallowed prayer to send the cheque for examination.