RAJAN Vs. MADUSOODANA KURUP,T.K.

JUDGEMENT

(1.) This Revision Petition was filed by the petitioner/accused in Criminal M.P. No. 118/2013 in C.C. No. 35/2012 on the file of the Judicial First Class Magistrate Court-III, Mavelikkara. When the revision petition came up for admission, I felt, on considering the question involved, that there is no necessity to call for the records or to issue notice to the first respondent and thought that the revision itself can be disposed of at the admission stage and so, notice to the first respondent is dispensed with and the records are not called for.

(2.) Heard the learned counsel for the revision petitioner and the learned Public Prosecutor appearing for the second respondent. The case was taken on file on the basis of a private complaint filed by the first respondent herein under S. 138 of the Negotiable Instruments Act (hereinafter referred to as the Act) on the basis of a cheque, alleged to have been given by the revision petitioner in discharge of a legally enforceable debt, on 7.2.2010. The case of the complainant was that the cheque was dishonoured for the reason "funds insufficient" and in spite of notice issued, intimating the dishonour and demanding payment of the amount, the revision petitioner did not pay the amount and so, he had committed the offence punishable under S. 138 of the Act and therefore, the complaint was filed.

(3.) The case was taken on file as C.C. No. 35/2012 by the Judicial First Class Magistrate-III, Mavelikkara and summons was issued to the accused. When the revision petitioner appeared before the court below, the particulars of offence were read over and explained to him and he pleaded not guilty. In order to prove the case of the complainant, the complainant was examined as PW 1 and the documents produced by him, including the disputed Ext. P1 cheque, were marked. After closure of the complainant's evidence, the accused was questioned under S. 313 of the Code of Criminal Procedure and he denied all the incriminating circumstances brought out in evidence against him and he further stated that the complainant was a whole-sale distributor of electronic home appliances and the revision petitioner is a retail dealer of electronic home appliances and he was having business transactions with the complainant in respect of supply of electronic goods, he had issued Ext. P1 as blank signed cheque to him on 7.2.2010 as security for the business transactions. He further stated that some of the electronic goods supplied to him by the complainant were defective and the same were replaced. The accused had paid the value of the goods on several occasions on instalment basis and by Ext. D1 invoice dated 7.7.2010, the entire amount was cleared as endorsed in Ext. D1 and this fact was admitted by the complainant also while he was examined as PW 1 The blank signed cheque so given as security on 7.2.2010 was misused by the complainant and he has filed a false complaint against him.