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TMI Blog2013 (10) TMI 622X X X X Extracts X X X X X X X X Extracts X X X X ..... unity to prove the transaction in dispute - After a lapse of so many years, I am not inclined to grant his request. Further, I have accepted the case of the accused regarding the issuance of a blank signed cheque - Therefore, the request of the counsel for the appellant for a remand was rejected. - Crl.A. No. 2874 of 2008 - - - Dated:- 7-3-2012 - MR. P.Q.BARKATH ALI J. PETITIONER: BY ADVS.SRI.C.HARIKUMAR SRI. ARAVIND KUMAR BABU T.K. SMT. MADHURI ANAND RESPONDENTS: R1 BY PUBLIC PROSECUTOR SRI.NOUSHAD THOTTATHIL BY ADVS. SRI.LIJU. M.P SRI. G.PADMARAJ JUDGMENT Appellant is the complainant in C.C.No.1137/2003 on the file of the Judicial Magistrate of the First Class, Kolencherry. He filed a complaint under section 138 of the N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y to the charge under section 138 of the Negotiable Instruments Act. PWs.1 and 2 were examined and Exts.P1 to P7 were marked on the side of the complainant. When questioned under section 313 Cr.P.C., the accused denied the transaction. DWs.1 and 2 were examined on the side of the accused. 4. On an appreciation of the evidence, the lower court found that the complainant has failed to prove his case and acquitted the accused. The complainant has now come up in appeal challenging the said judgment of the lower court. 5. Heard the learned counsel for the appellant/complainant and the learned counsel for respondents 2 to 4/accused. 6. The complainant as PW1 testified in terms of the complaint before the lower court. His evidence is sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said fact in cross- examination. 9. For all these reasons, I am in complete agreement with the finding of the lower court that the complainant has failed to prove that the accused borrowed Rs.10 lakhs and issued cheque Ext.P1. On the other hand, the version of DW1 that while he has subscribed to a kuri conducted by Parur Kuries in which PW1 was the Manager, the accused has entrusted two blank signed cheques to him and he misused one of the same and created Ext.P1. That being so, I find no merit in this appeal and the same is liable to be dismissed. 10. The counsel for the appellant canvassed for a remand so that the appellant will get an opportunity to prove the transaction in dispute. After a lapse of so many years, I am not inc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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