E K RAJU Vs. GOPAKUMAR, S/O CHANDRAN

JUDGEMENT

(1.) The complainant is in appeal. The complaint was filed under Section 138 of the N.I. Act. The accused therein was acquitted under Section 255(1) Cr.P.C. Ext.P1 cheque dated 6.10.2000 was stated to have been issued by the accused to discharge a sum of Rs. 80,000/- which the accused was stated to have borrowed from the complainant in July, 2000. When Ext.P1 was presented for encashment it was dishonoured due to insufficiency of funds. On receipt of the dishonour memo, statutory notice was sent to which no reply was sent by the accused. As the amount was not paid, the complaint was filed.

(2.) The complainant got himself examined as P.W.1 and Exts.P1 to P5 were marked. The Secretary of the Thalayazham Panchayat Merchants Welfare Society was examined as D.W.1. The brother of the accused was examined as D.W.2. Exts.D1 and D2 notices were also marked.

(3.) The contention raised by the first respondent/accused is that he was a subscriber to a chitty conducted by the Thalayazham Panchayat Merchants Welfare Society (hereinafter referred to as 'the Society'). That chitty was bid by him. He was liable to pay future instalments of that kuri/chitty amount. He failed to remit certain instalments and hence he was issued with a notice from the Society. At the time when the chitty was bid by him, his signed blank cheque leaves were obtained by the complainant who was the then Secretary of the Society and misusing one of the cheque leaves, this complaint was filed. This is the defence set up by the accused.