N.N. GEETHA DEVI Vs. STATE OF KERALA

JUDGEMENT

(1.) ACCUSED in S.T. No. 841/06 on the file of Judicial First Class Magistrate Court, No -VIII, 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 her and she pleaded not guilty. In order to prove the case of the complainant, the complainant and her daughter were examined as PWs 1 and 2 respectively and Ext. P1 to P5 were marked on her side. After closure of the complainant's evidence, the accused was questioned under Section 313 of Code of Criminal Procedure and she denied all the incriminating circumstances brought against her in the complainant's evidence. She had further stated that her husband had borrowed Rs. 25,000/ - from the husband of the complainant and as a security for the same, he had handed over her blank singed cheque. Though he paid the amount, the cheque was not returned. Later, the husband of the complainant died and thereafter, misusing the cheque, the complaint has been filed. In order to prove the same, the husband of the accused was examined as DW 1. No documents were produced on her side.