2020 (8) TMI 216

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....;s case is that the complainant is a firm engaged in the business of conducting chitties. The wife of the accused joined in a chitty bearing No.19/98, and she bid the chitty and obtained the proceeds on executing documents. Similarly, the accused also joined in chitty No.17/96 conducted by the complainant. He also bid the chitty and received the proceeds. According to the complainant, the accused and his wife committed default in payment of the future instalments of the chitties. On 10.11.1999, the accused issued a cheque for Rs. 40,000/- drawn on Palakkad Branch of the Indian Overseas Bank towards part satisfaction of the amount due from the accused and his wife. When the cheque was presented for encashment, the same was returned with an e....

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....is whether the accused committed the offence under Section 138 of the Negotiable Instruments Act. 8. Even though this appeal was filed on 21.3.2005, this Court has not admitted the appeal. Only 'notice on admission' was issued by this Court on 29.3.2005. According to the complainant, Ext.P1 cheque was issued for the amount due to the complainant firm. The contention of the defence is that the accused has not issued Ext.P1 cheque as alleged by the prosecution. The accused admitted that there was a chitty transaction with the complainant firm. According to the defence, at the time of payment of the amount, the complainant obtained two blank cheque leaves from the accused with his signature as security. The abovesaid cheque is misused....