IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Crl.L.P..No. 596 of 2009 --------------------------------- ST.NO.653/2007 OF JUDICIAL FIRST CLASS MAGISTRATE -IV,KOZHIKODE .................... PETITIONER/ COMPLAINANT: ------------------------------------------ SREE GOKULAM CHIT AND FINANCE CO.(P) LTD., WITH IT'S CENTRAL OFFICE AT NO.66, ARCOT ROAD, KODAMPAKAM, CHENNAI-600 024, REPRESENTED BY IT'S POWER OF ATTORNEY & IT'S ASSISTANT MANAGER (LEGAL), C.V. SIVADASAN, NOW REPRESENTED BY ITS LEGAL ASSISTANT SAVITHA K.V. BY ADV. SMT.A.SREEKALA. RESPONDENTS/ STATE AND ACCUSED: ---------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.P. ABDUL RAZAK, S/O. MOOSA, `SHEETHALA', NEAR PALLIPATT TEMPLE, CIVIL STATION.P.O., CALICUT. R1 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA, R2 BY ADV. MR.K.A.SALIL NARAYANAN. THIS CRIMINAL LEAVE PETITION HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.N. KRISHNAN, J. --------------------------- CRL.L.P.NO.596 OF 2009 ------------------------------ Dated this the 29th day of July, 2009 O R D E R This petition is filed seeking permission to file an appeal against the order of the court below passed under Section 138 of the N.I. Act. It is the case of the complainant that the accused had borrowed a sum and had issued a cheque towards the discharge of the liability, which when presented for encashment, returned with the endorsement of insufficiency of funds. 2. It is the case of the accused that he had joined a kuri conducted by the complainant and had bid it in auction and at the time of receiving the amount, had given a blank cheque as security which had been utilised by the complainant to file this case. To the statutory notice, a reply was sent intimating this fact to the complainant. Then the accused had produced Exts.D3 to D5. Ext.D4 is the passbook. The disputed cheque, Ext.D2, Is having the number 629245. A perusal of Ext.D4, a passbook as seen from the order would reveal that cheque numbers 246, 247, 248, 249 and 250 had 2 CRL.L.P.NO.596/09 been issued in between 8.6.2002 and 27.6.2002. All these cheque numbers are subsequent to the cheque number issued on behalf of the complainant. 3. I am not inclined to accept the contention that this cheque leaf alone was kept back to be issued to the complainant in the year 2006. Men may lie but the circumstances will never lie and therefore, it is apparent that the cheque, Ext. D2, was only given as security as contended by the accused . Therefore, I do not find any mistake committed by the court below in negativing the prayer for prosecution and acquitting the accused. The Crl.L.P lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE cl 3 CRL.L.P.NO.596/09