S. ANILKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) ACCUSED in C.C. No. 245/11 of Judicial First Class Magistrate Court, No -I, Thiruvananthapuram is the revision petitioner herein.

(2.) THE case was taken on file on the basis of a private complaint filed by the complainant under Section 138 of the Negotiable Instruments Act (hereinafter called 'the Act').

(3.) WHEN the accused 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 Ext. P1 to P5 were marked on his side. After closure of the complainant's evidence, the accused 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 borrowed Rs. 60,000/ - from him and he had repaid Rs. 25,000/ - and at the time when he borrowed the amount, two blank signed cheques were given, one of which was misused and the present complaint was filed. No evidence adduced on the side of the accused in defence.