RAJENDRAN Vs. N RADHAKRISHNAN

JUDGEMENT

(1.) THE allegations contained in the complaint filed under Section 138 of Negotiable Instruments Act are as follows -

(2.) AFTER the complainant's evidence was over, the court below questioned the accused under Section 313 Cr.P.C. as regards incriminating materials available against him in complainant's evidence. He denied complicity to the offences. He has stated that the cheque was obtained by the complainant by threatening through the police and that he borrowed a sum of Rs.4,00,000/- but he has to only repay Rs.1,20,000/-. He did not examine any witnesses. During the cross examination of PW1, he marked Exs.D1 to D4, the letter given by him addressed to the Inspector of Police, Palavanthangal Police Station, the notice sent by him to the complainant dt.13.03.2004, the postal acknowledgment card and the reply given by complainant on 16.04.2004.

(3.) THE learned counsel Mr.Babu Muthu Meeran appearing for the appellant would contend that in as much as the respondent/accused has not proved the circumstances which he has set up in his defence by means of which it is seen that he has failed to rebut the statutory presumption, that there is no suppression of material facts in the complaint as alleged by the respondent side, that the court below has failed to see that the negotiable instrument was delivered to the complainant for adequate consideration and that valid grounds are available to set aside the order of acquittal by this Court.