PREJITH P. Vs. T. MUHAMMADALI

JUDGEMENT

(1.) ACCUSED in S.T. No. 480/08 on the file of Judicial First Class Magistrate Court, No -II, Mavelikkara is the revision petitioner herein.

(2.) THE case was taken on file on the basis of a private complaint filed by the first respondent 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 power of attorney holder of the complainant was examined as PW1 and the complainant himself was examined as PW2 and Exts.P1 to P14, P4(a), P4(b), P5(a), P5 (b) were marked on the side of the complainant. After closure of the complainant's evidence, the accused was questioned under Section 313 of Code of Criminal Procedure and he had deposed that there was some business transaction between him and PW2 and the cheques were issued to secure payment of amounts as share of the price of the real estate business and slaughter of rubber trees business and it was given as security for that purpose and it was not intended as a discharge of any liability and there is no amount due as mentioned in the cheques. In order to prove his case, DWs 1 to 4 were examined.