SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2003 Supreme(Ker) 335

R.BASANT
Thekkan & Company – Appellant
Versus
Smt. M. Anitha – Respondent


Judgment :-

This appeal is preferred by the complainant in a prosecution under Section 138 of the Negotiable Instruments Act, against the acquittal of the respondent/accused by the learned Magistrate.

2. The complainant alleged that the accused had borrowed an amount of Rs.1,75,000/- in two installments of Rs.50,000/ and Rs.1,25,000/- and had issued Exts.p3 and P4 cheques for the due discharge of the said legally enforceable debt/liability. The said cheques when presented for encashment were dishonoured by the Bank on the ground of insufficiency of funds. The complainant caused registered notices of demand to be issued to the accused as insisted by law. These notices were duly served and acknowledged, but there was no response. No payment was made as demanded. It is in these circumstances that the complainant came to Court with the complaint. In this appeal we are not concerned with the acquittal of the accused in respect of the allegations regarding Ext.P3 cheque. The acquittal in respect of Ext.P4 cheque for Rs.1,25,000/- alone is assailed in this appeal.

3. Cognizance was taken. The accused entered appearance. She denied the offence alleged against her. Thereupon the complainant w































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top