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2004 Supreme(Ker) 248

R.BASANT
Mohammed – Appellant
Versus
State of Kerala – Respondent


Judgment :-

R. Basant, J.

The accused in a prosecution under S.138 of the N.I. Act has filed this revision petition against a direction issued by the learned Magistrate that the trial against him - in respect of the alleged offence punishable under S.138 of the N.I. Act in respect of six separate cheques, can proceed in one trial.

2. There is no serious dispute on fundamental facts. These cheques dated 4.5.2000, 11.5.2000, 16.5.2000, 25.5.2000, 31.5.2000 and 8.6.2000 each for an amount of Rs.30,000/- were allegedly issued by the accused to the complainant on the same date i.e., 4.5.2000 for the due discharge of a total liability of Rs. 1,80,000/-. Though the cheques bore different dates, they were not presented for encashment on or immediately after the dates shown in such cheques. All of them were presented together for encashment. The precise date of presentation is not very clear. But at any rate, dishonour memos issued are all dated 18.9.2000. Those separate dishonour memos, six in number, reveal that all the six cheques were dishonoured on the identical ground of insufficiency of funds on 18.9.2000. Thereupon the complainant caused one registered notice of demand to be issued i.

















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