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2003 Supreme(Ker) 255

R.BASANT
T. V. Rajan – Appellant
Versus
A. S. Sharafudheen – Respondent


Judgment :-

The complainant is the appellant. The complaint filed by him alleging commission of the offence punishable under Section 138 of the N.I.Act against the accused ended in acquittal.

2. The complainant alleged that the accused had issued cheques for Rs.90,000/- to him for the discharge of a legally enforceable debt/liability. The said cheques when presented for encashment were dishonoured by the bank of the ground of insufficiency of funds. Notice of demand was issued as insisted by Section 138 of the N.I.Act. It was duly received and acknowledged. But no payment was made as demanded. It is in these circumstances that the complainant came to court with this complaint.

3. Cognizance was taken by the learned Magistrate. The accused entered appearance and denied the offence alleged against him. Thereupon the complainant examined himself as PW1. An official of the drawe bank was examined as PW2. Exts.P1 to P13 were marked.

4. The accused denied all circumstances which appeared in evidence and which were put to him. He admitted that the cheques were written on cheque leaves issued to him by his bank to operate his account. He also admitted his signature in the cheques. He furth


























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