LAWS(KER)-2014-12-14

S. SASIDHARAN Vs. G. VIJAYA KUMAR

Decided On December 01, 2014
S. Sasidharan Appellant
V/S
G. Vijaya Kumar Respondents

JUDGEMENT

(1.) ACCUSED in C.C. No. 261/2008 on the file of the Judicial First Class Magistrate Court, No -V, Thiruvananthapruam is the revision petitioner herein.

(2.) THE case was taken on file on the basis of a private complaint filed by the complainant 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 P.W. 1 and his wife was examined as PW2 and Exts. P1 to P8 and P6(a) and P7(a) 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 he had not borrowed any amount. He was working as a supervisor in the Kerala Water Authority in which the complainant was also working as a peon and being a Trade Union Leader, when he wanted a transfer to a convenient place, he assured of getting a transfer for which he demanded some amount and as a security for the same, he had issued Ext. P1 cheque as a blank signed cheque and the amount demanded was Rs. 25,000/ -. Though the transfer could not be materialized, the cheque was not returned and misusing the same, the present complaint was filed. In order to prove his case, D.W. 1 was examined on the side of the revision petitioner.