MANOJ Vs. STATE OF KERALA AND ANR.

JUDGEMENT

(1.) The revision petitioner was convicted and sentenced by the courts below under section 138 of the Negotiable Instruments Act.

(2.) Heard.

(3.) The contention of the complainant is that the revision petitioner availed a loan for purchasing a vehicle and towards the discharge of the said liability, the revision petitioner issued Ext.P2 cheque in favour of the complainant for Rs. 1,32,497/-. The contention of the revision petitioner is that the revision petitioner was only a guarantor for the purchase of the vehicle by one Salim and in connection with the purchase of the said vehicle by the said Salim, the revision petitioner issued Ext.P2 cheque as a blank signed cheque and the said cheque had been misutilised by the complainant to file the present complaint. It has been further contended by the revision petitioner that the said Salim had already paid the amount. However, the vehicle was stolen from the possession of the said Salim by the complainant.