SURENDRAN G. Vs. S. SUDARSANA BABU

JUDGEMENT

(1.) The appellant herein is the complainant in S.T. No. 1901/2007 of the Judicial First Class Magistrate-III, Nedumangad, and the first respondent is the accused therein. The complainant brought the said prosecution under section 138 of the Negotiable Instruments Act on the allegation that two cheques dated 20.3.2006 and 10.4.2006 respectively issued by the accused in discharge of an amount of Rs. 2,50,000.00 borrowed by him, happened to be bounced due to insufficiency of funds, and in spite of notice, the accused failed to make payment of the cheque amount.

(2.) The accused appeared before the trial court and pleaded not guilty, when the particulars of the offence were read over and explained to him by the learned Magistrate. The complainant examined himself and proved Exts.P1 to P17 documents.

(3.) When examined under Sec. 313 Crimial P.C., 1973 the accused denied the incriminating circumstances and projected a defence that the Exts.P1 and P2 cheques were in fact handed over by him long back in 2003 as blank cheques in another transaction, the liability incurred in the said transaction stands already closed and discharged, and that by making use of the two chequese given as security in 2003, the complainant has brought a false prosecution alleging a false borrowal in 2006. The accused examined three witnesses including himself and proved Exts.D1 to D8 documents.