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2007 Supreme(Ker) 460

K.THANKAPPAN
Sree Sakthi Paper Mills Ltd. – Appellant
Versus
Anjaneya Enterprises – Respondent


Judgment :-

Complainant in C.C.No.397/2002 on the file of the Court of the Judicial First Class Magistrate-I, Kochi is the appellant. The allegation in the complaint is as follows: First accused, a dealer in paper and paper products, used to purchase paper products from the appellant, a public limited company, on credit for a pretty long time and as per the arrangement, the bills of the accused would be credited by the bank in favour of the appellant and amount should be paid by the accused to the bank within 90 days and in default the amount would be debited to the account of the appellant with interest. As the accused failed to pay the bill amount, the appellant had to pay the amount with interest. Thus, the accused owed a sum of Rs.40,66,479. O.S.No.686/2000 and C.C.Nos.433/2001 and 435/2001 were filed by the appellant against the accused. But during the pendency of the cases, in view of the settlement arrived at between the parties, the 2nd accused on behalf of the firm issued 4 post-dated cheques to the appellant and when one of the above cheques for Rs.50,00,000 dated 30-8-2001 was presented for encashment, the same was dishonoured on the ground of insufficiency of funds in t










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