RAJESH C.R. Vs. SURESH

JUDGEMENT

(1.) ACCUSED in S.T. No. 209/13 on the file 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 herein 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 was examined as PW 1 and one witness was examined as PW 2 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 and he had further stated that he had not committed any offence and in fact, he had borrowed only Rs. 50,000/ - and he had given a blank signed cheque which was misused and the present complaint was filed though the amount borrowed was actually paid. No evidence was adduced on his side in defence.