K.VIJAYAKUMAR Vs. PUSHPARAJ

JUDGEMENT

(1.) This is an appeal filed under Section 378 of the Code of Criminal Procedure, praying to set aside the judgment dated 12.11.2007 passed by the learned Judicial Magistrate No.II, Tiruchirappalli in C.C.No.1507 of 2005.

(2.) Brief facts of the case of the Appellant/Complainant are as follows:

(3.) The main contention of the Respondent/Accused is that he borrowed a sum of Rs.50,000/- (Rupees Fifty Thousand only) from the wife of the Appellant/Complainant, on 27.12.2000 and executed a mortgage deed in respect of his properties. According to him, he also handed over a blank cheque to the wife of the Appellant/Complainant which has been misused by the Appellant/Complainant to file the present complaint. The specific contention of the Respondent/Accused is that he never borrowed a sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) from the Appellant/Complainant as alleged by him and that the Appellant/Complainant has not adduced any acceptable evidence to prove his contentions.