PRAMILA MOHAN W/O. MOHAN, PROPRIETOR, ASHRITH WINES, WHOLESALE LIQUOR DEALERS Vs. SRI DIVYANATH SHETTY S/O. ANTHAPPA SHETTY

JUDGEMENT

(1.) HEARD .

(2.) THIS appeal is by the complainant assailing the order of the JMFC IV Court, Mangalore in C.C. No. 5766/2006 dated 1.10.2007.

(3.) THE Trial Court, taking into consideration the books of accounts produced and the statement of the complainant, has opined that the cheque issued to the complainant cannot be reasonably identified as one issued in the course of business of Prashanth Bar, as no such business cheque is said to have been issued by the accused in the regular course of business. It appears, there are several admissions on the part of the accused and the same has not been taken into consideration, Also, the accused could have produced the account books. Even there is a dispute as to the signature on the cheque concerned. However, the Trial Court has opined that the transaction between the complainant and the accused as reflected in the account books are not at all corroborated.