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2003 Supreme(Ker) 232

R.BASANT
Chacko – Appellant
Versus
Joseph – Respondent


Judgment :-

1. These appeals are taken up for disposal together as agreed by the rival contestants as the appellant and respondent in these appeals are common and the challenge raised is against a common judgment. The complainant is the appellant. He had alleged that the accused had committed the offence punishable under S.138 of the Negotiable Instruments Act in respect of three cheques for a total amount of Rs. 6,00,000. By the impugned judgment the accused was found not guilty and acquitted.

2. The complainant alleged that the accused had issued three cheques for a total amount of Rs. 6,00,000 to him for the due discharge of a legally enforceable debt/ liability. The complainant had advanced the said amount and for return of the same three post dated cheques dt.1.6.1990, 15.6.1990 and 1.7.1990 were issued to the accused by the complainant. The said cheques when presented for encashment were dishonoured by the bank on the ground of insufficiency of funds. The information of dishonour was received by the complainant on the respective dates of dishonour. The complainant allegedly informed the accused of the fact of dishonour. Both of them are Professors in a college. The complainant




















































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