MANOHARAN Vs. RADHADEVI

JUDGEMENT

(1.) The appeal is filed by the complainant against the judgment in S.T. Case No.93/1998 on the file of the Court of the Judicial First Class Magistrate, Chittur. The complaint was filed under section 138 of the Negotiable Instruments Act. The case of the appellant is that the respondent and her husband borrowed an amount of Rs.45,000/- from him on 31-12- 1996 and they had executed a promissory note on the same day. It is also stated that on demand of the amount, the respondent issued a cheque for Rs.50,000/- and when it was presented for encashment, the same was dishonoured on the ground of insufficiency of funds in the account of the respondent. On receipt of intimation of dishonor of the cheque , a lawyer's notice was caused to the respondent demanding of the amount covered by the cheque. To the said notice, the respondent had given a reply stating that she had not borrowed any amount as alleged in the complaint and she was a subscriber in the kuri conducted by the appellant and towards the said transaction he had obtained the signed cheque as a security and the same was misused by him. To prove the case, the respondent produced Exts.D1 and D2 pass books, which were marked when PW1, the appellant, was examined in the Court. After considering the entire evidence, the trial court found that the conduct of the appellant fortify the case of the respondent that the appellant received the signed promissory note and blank signed cheque towards the chitty transaction as a security. Hence, the respondent was acquitted.

(2.) Heard.

(3.) Learned counsel for the appellant submits that the trial court has not considered the entire evidence while acquitting the respondent.