S. RAJAN Vs. PRASANNA RAJAN

JUDGEMENT

(1.) The Complainant in CC No. 497/2003 of JFCM-I, Alapuzha aggrieved by the dismissal of his complaint in a proceeding under section 138 of the NI Act has preferred this appeal.

(2.) The complainant alleged that the accused, who is his wife's sister, approached him on 10/5/2002 and requested for an urgent loan of Rs. 4 Lakhs. It was represented that the bank time was over and since she required cash immediately, she had approached the complainant. It was further represented that she has cash in the bank account and gave a cheque for the amount borrowed. The cheque was returned dishonoured on presentation and hence a lawyer notice was issued. It was replied denying the alleged transaction. It was asserted that the cheque was issued towards a property transaction. Hence, alleging commission of offence punishable under section 138 of the NI Act, complaint was laid.

(3.) To substantiate the case of the complainant, he relied on his oral testimony as PW1 and that of his friend PW2. PW1 in his evidence asserted that the accused had approached him on 10/8/2002, after noon. He asserted that it was a Saturday and PW2 was present at that time. He deposed that it was represented by the accused that it was needed urgently in connection with marriage of her daughter. PW1 deposed that he had Rs. 2 Lakhs with him and hence PW2 was requested to arrange another sum of Rs. 2 Lakhs. Thus Rs. 4 Lakhs was given to the accused. She delivered Ext.P1 cheque towards discharge of above liability, representing that she has sufficient deposit in bank to cover the amount.