C. GIRISH Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) Accused in C.C. No. 80/2010 on the file of the Judicial First Class Magistrate Court -III, Palakkad, is the revision petitioner herein. The case was taken on file on the basis of a private complaint filed by the complainant herein, against the revision petitioner, alleging offence under Sec. 138 of the Negotiable Instruments Act (hereinafter called 'the Act').

(2.) The case of the complainant in the complaint was that, revision petitioner borrowed a sum of Rs. 2,00,000/ - and issued Ext. P1 cheque dated 29.07.2009 in discharge of that liability, which when presented was dishonoured for the reason 'funds insufficient', evidenced by Ext. P2 dishonour memo. Complainant issued Ext. P3 notice vide Ext. P3(a) postal receipt and the same was received by the revision petitioner evidenced by Ext. P4 postal acknowledgment. He had not paid the amount. So he had committed the offence punishable under Sec. 138 of the Negotiable Instruments Act. Hence the complaint.

(3.) When the revision petitioner appeared before the court below, the particulars of offence 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 Exts.P1 to P4 and P3(a) were marked on his side. After closure of the complainant's evidence, the revision petitioner was questioned under Sec. 313 of the 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 a sum of Rs. 15,000/ - and as a security for the same, he had given four blank signed cheques, one of which was mis -used and the present complaint was filed. No defence evidence was adduced on his side to prove his case.