K VIJAYAN Vs. K K T HARIDASAN

JUDGEMENT

(1.) The complaint filed by the appellant alleging offence under S.138 of the Negotiable Instruments Act ended in acquittal of the respondent. Therefore, this appeal. According to the appellant the respondent borrowed from him an amount of Rs. 20,000 with the intervention of P.W. 2 and issued Ext. P 1 cheque as well as Ext. P 8 memorandum evidencing drawal of Ext. P1 cheque. Ext. P1 cheque when presented to the bank was bounced. Therefore the respondent had committed an offence punishable under S.138.

(2.) The case set up by the accused was that there was no transaction between himself and the appellant. He had really borrowed only an amount of Rs. 10,000 from P. W. 2, on the understanding of repayment at the rate of Rs. 100 per day on all working days. He remitted 63 instalments. A cheque was drawn for Rs. 10,000 and given to P. W. 2 as security. The repayment started thereafter. It was a blank cheque. At the time of payment of amount, Rs. 1,500 was deducted as advance interest. Because of an accident and consequent injury sustained he could not continue the repayment from 64th instalments. When he attempted to continue the repayment after discharge from the hospital, P.W. 2 did not receive the amount. P.W. 2 thereupon instigated his friend, the appellant, handing over one among the two cheques given by him to institute the complaint in question. So the cheque was not supported by the consideration so far as the appellant is concerned.

(3.) Appreciating the evidence on record and examining the endorsement on Ext. P 1 cheque as well as the contents of Ext. P 8 memorandum, the court below found that the case put forth by the accused was more probable. Accordingly the respondent was acquitted. This is assailed in this appeal.