MUHAMMED MUSTHAFA Vs. SHAMSUDDEEN B.A.

JUDGEMENT

(1.) ACCUSED in C.C. No. 90/13 on the file of the Judicial First Class Magistrate Court, No -II, Kasaragod 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 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 PW 1 and Exts. P1 to P5 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 his friend had obtained a loan from the complainant for which his cheque was given as a security and though the amount was paid, the cheque was not returned. But, he had not adduced any evidence in defence to prove his case.