INTEGRATED FINANCE COMPANY Vs. THOMAS GEORGE AND

JUDGEMENT

(1.) THIS appeal is preferred against the judgment of the Chief Judicial Magistrate Court, Thiruvananthapuram in C.C.719/99. It is the case of the complainant that the accused had issued a cheque for Rs. 21,737/ - towards the discharge of a liability which when presented for encashment was returned for insufficiency of funds. Notice though issued returned with the endorsement addressee left. Thereafter prosecution was initiated Under Section 138 of the N.I. Act.

(2.) THE trial court on appreciation of the materials found that Ext.P3 cheque is not proved to have been executed and further towards the discharge of any liability and therefore rejected the case of the complainant. It is against that decision the complainant has come up in appeal. Perused the records and heard the learned Counsel of the respondent. The point that arises for determination is whether there is anything to interfere with the decision rendered by the Court below.

(3.) IT is the case of the complainant that the accused towards the discharge of a liability had issued Ext.P3 cheque which had been dishonoured and repayment not made in spite of a notice. On the other hand, it is the case of the accused that he had not issued any such cheque towards the discharge of the liability. According to him his sister had purchased a vehicle under the hire purchase agreement from the complainant and at that time she had given 19 blank cheques and he had given 12 blank signed cheques. Making use of those cheques now action is initiated.