T.K.JOHNSON Vs. P.C.MATHEW

JUDGEMENT

(1.) Appellant is the complainant in S.T. No. 1070 of 2015 of the Chief Judicial Magistrate's Court, Kollam. The complaint was filed against the 1st respondent, alleging commission of the offence under Sec. 138 of the Negotiable Instruments Act. The allegations in the complaint are to the following effect;

(2.) Before the trial court, the complainant got himself examined as PW 1 and the Managers of the drawer and drawee banks as PWs 2 and 3. The accused denied the incriminating circumstances put to him during 313 examination and submitted that, during 2008-2009, the complainant had borrowed an amount of Rs.14.00 Lakhs from him and had repaid that amount in the year 2011. Later, when the complainant was approached seeking financial help for the accused's sister, he insisted that the accused should stand guarantee for the amount and should hand over blank signed cheque as security. The amount borrowed by the accused's sister was repaid, but the interest portion is outstanding. For that reason, the blank signed cheque given as security by the accused was presented and thereafter the false case instituted when cheque bounced. No evidence, either oral or documentary, was adduced on the defence side.

(3.) The trial court, on appreciation of evidence and legal contentions, held the complainant to have failed in proving that the accused had executed and issued Ext.P3 cheque for Rs.40,30,000.00 towards discharge of a legally enforceable debt. The complainant having thus failed to prove commission of the offence under Sec. 138 of the NI Act, the accused was acquitted under Sec. 255(1) Cr.P.C. Hence, this appeal.