SISUPALAN NAIR Vs. JOSEPH VARGHESE

JUDGEMENT

(1.) The appellant is the complainant in C.C.No.629 of 2005 on the file of the Judicial First Class Magistrate Court-II, Kasaragod. The aforesaid case was taken into file on the basis of a private complaint submitted by the appellant herein for the offence punishable under Sec. 138 of the Negotiable Instruments Act (herein after called 'NI Act').

(2.) The case of the appellant/complainant is that the 1st respondent/accused had issued a cheque for Rs.85,000.00 in discharge of a liability on 25/4/2005. When the said cheque was presented for collection on 2/5/2006, it was returned with an endorsement 'funds insufficient'. Later, a lawyer notice was sent on 3/6/2005 to the 1st respondent, demanding the said amount but neither any reply sent nor any payment made by the 1st respondent. The complaint was submitted in the aforesaid circumstances.

(3.) From the side of the appellant PW1 and 2 were examined and Exts.P1 to P6 were marked. After closure of complainant's evidence the 1st respondent was examined under Sec. 313 Cr.P.C. and the incriminating materials brought out during the course of trial were put to him. He denied the same and stated that the aforesaid cheque was originally issued by him to one Sabu, who was conducting an institution namely Chamber Finance which was engaged in the business of conducting chitty. A friend of the accused namely Anilkumar, was a subscriber of a chitty in the said company and when he bid his chitty, the 1st respondent stood as surety for the same. Towards security for the said transaction, the 1st respondent furnished four signed blank cheques to the said company. Even though, the amounts payable by the said Anilkumar was re-paid subsequently, the cheques could not be collected from the company, as the said company was closed down by that time. In support of the defence case, the 1st respondent got himself examined as DW1 and Exts.D1 to D3 were marked.