GOKULAM CHIT & FINANCE COMPANY Vs. GURUDAS

JUDGEMENT

(1.) THIS petition is filed for special leave to appeal.

(2.) PETITIONER filed a complaint before the Magistrate Court, alleging offence under Section 138 of the Negotiable Instruments Act against first respondent on the allegation that accused issued a cheque for Rs.72,913/- in favour of complainant company, for discharging the debt towards complainant by way of payment towards chitty. The cheque, on presentation was dishonoured for want of sufficient funds. A notice was issued and though accused received the notice he failed to make payment and hence the complaint.

(3.) THE trial court found that the entries in Ext.Pl instrument were not written with the pen used for affixing signature. So, there is every reason to believe that Ext.Pl cheque is an instrument handed over to complainant in blank form while receiving chitty amount. It is also found that there is nothing before the court show that accused has any dues of the chitty.