K M ABDU Vs. HAMZA AMBALI

JUDGEMENT

(1.) THE appellant is the complainant in S.T. 1400 of 2000 on the file of the Judicial Magistrate of the First Class, Malappuram. He prosecuted the first respondent alleging offence under Section 138 of the Negotiable Instruments Act with a plea that, on 1.3.1998, the first respondent borrowed a sum of Rs. five lakhs from the appellant with promise to repay the same within six months and that when demanded back the amount, the first respondent issued Ext.P1 cheque dated 22.12.1998 for the said amount. When Ext.P1 was sent for collection, it was returned dishonoured for insufficient funds. THE first respondent took a plea that the appellant was running a kuri in which the first respondent was a subscriber. He had remitted fifteen instalments and then the appellant proposed to wind up the kuri and promised to give an auto rickshaw and that for giving the auto rickshaw, security for the balance amount was demanded for which two cheques (one signed and the other not signed) were obtained and misusing one of the cheques, the prosecution was launched. In support of the plea, the first respondent adduced evidence as DWs 1 to 3 and Exts.D1 to D5 were marked.

(2.) THE trial court, on appraisal of the above evidence, arrived at a conclusion of guilt. Consequently, the first respondent was convicted and sentenced to simple imprisonment for two months with direction to pay Rs. five lakhs as compensation to the appellant.

(3.) IN the result, this appeal is dismissed.