SAJI Vs. VARGHESE

JUDGEMENT

(1.) The appellant herein is the complainant in C.C. No. 173 of 2008 of the Judicial First Class Magistrate court-VI, Neyyattinkara, and the first respondent is the accused therein. The complainant brought the said prosecution under Section 138 of the Negotiable Instruments Act (for short "the NI Act") on the allegation that a cheque dated 22.11.2006 issued by the accused for Rs. 2 lakhs in favour of the complainant was bounced due to insufficiency of funds, and in spite of statutory notice, the accused failed to make payment of the cheque amount.

(2.) The accused appeared before the learned Magistrate, and pleaded not guilty when the substance of the accusation was read over and explained to him. The complainant examined himself and proved Exts. P1 to P9 documents. He examined a witness also as P.W. 2.

(3.) In defence, the accused examined himself and another witness, and also proved Exts. D1 to D3 documents. The defence projected by him is that the cheque in question was in fact handed over by him as a blank signed cheque to one Rajendran when he borrowed some amount from him, that he has already discharged the debt, and the complainant has brought this false complaint by using the cheque given to Rajendran, who is a friend of his.