was not returned, and after one month the said enterprise was closed. During his examination, Ext.D1, which is document, writer's licence was marked. Ext.D2 is also marked which is a certified copy of the judgment in C.C.No.1092 of 2001 of Judicial First Class Magistrate Court, Manathawadi, passed against the complainant and his wife are the accused therein. The learned counsel for the petitioner submitted that, though the accused raised several contentions, none of those contentions are substantiated by producing any evidence. But it is relevant to note that, in paragraph 13 of the judgment the trial court has found that the chitty transaction as stated by the accused, when he was examined as DW.1, also admitted by the complainant at the time of his cross examination and learned Magistrate has further observed that though DW.1 was cross-examined by the learned counsel for the complainant, the evidence given by him that the cheque is one given as security for availing chit money and it contained only his signature is left
