SUDHEER T.H. Vs. BABU ANTONY

JUDGEMENT

(1.) ACCUSED in S.T. No. 189/13 of Judicial First Class Magistrate Court, No -II, North Paravur is the revision petitioner herein.

(2.) THE case was taken on file on the basis of a private complaint filed by the first respondent against the revision petitioner alleging commission of the offence under Section 138 of the Negotiable Instruments Act (hereinafter called 'the Act').

(3.) WHEN the revision petitioner appeared before the court below, the particulars of offences were read over and explained to him and he pleaded not guilty. In order to prove the case of the complainant, the complainant himself was examined as PW1 and Exts.P1 to P6 were marked on his side. After closure of the complainant's evidence, the revision petitioner was questioned under Section 313 of Code of Criminal Procedure and he denied all the incriminating circumstances brought against him in the complainant's evidence. He had further stated that there was no transaction between the complainant and himself and in fact, one Nishad under whom he was working obtained a Chitty from Erutty Chitty funds and his cheque was obtained for the purpose of producing the same as security for withdrawing that amount and he had also obtained the cheque from his co -employee Smitha and mother in law of the employer for that purpose. Thereafter, the concern was closed and he left the place and somehow, the complainant obtained the cheque and filed a false complaint against him. In order to prove his case, he himself was examined as DW1.