S.R. DILIP Vs. S. ARAVINDAKSHAN NAIR

JUDGEMENT

(1.) THE complainant in a case filed under Sec. 138 of the Negotiable Instruments Act, 1881 ("the N.I. Act" for short), is the appellant. The accused therein was acquitted by the learned Magistrate under Sec. 255 (1) Cr.P.C.

(2.) THE case of the complainant is that the accused had borrowed from the complainant a sum of Rs. 3,40,000.00 and to discharge that debt, Ext.P1 cheque was issued which on presentment was bounced due to insufficiency of fund. Statutory notice was sent. The amount covered by Ext.P1 cheque was not paid. Hence, the complaint was filed.

(3.) THE learned Chief Judicial Magistrate went through the evidence in detail and held that the transaction averred by the complainant is not true and that Ext.P1 was not issued by the accused in discharge of a legally recoverable debt as contended by the complainant and thus the accused was acquitted. The learned counsel for the appellant submits that the stand taken by the accused that a signed blank cheque leaf was kept by the accused in the drawer of his table and that might have been misused by the complainant, is only a story invented by the accused to wriggle out of the liability.