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2001 Supreme(Ker) 28

R.RAJENDRA BABU
Valsamma – Appellant
Versus
Satheesh Kumar – Respondent


Judgment :-

This revision, at the instance of the accused in C.C. 348/97 before the Judicial 1st Class Magistrate's Court. Kanjirappally, is challenging the order in C.M.P. 6156/2000 allowing the complainant to be examined further under S. 311, Cr.P.C.

2. The respondent/complainant filed the complaint alleging the commission of an offence under S. 138 of the Negotiable Instruments Act. According to the allegations in the complaint, the revision petitioner had issued a cheque for Rs. 30,000/- and the same was dishonoured when presented for encashment and though the accused accepted the notice demanding the repayment of the amount, he did not reply or pay off the amount and hence the complaint was filed. But when the complainant was examined as P.W. 1, he deposed that the amount given to the accused was Rs. 16,000/-. The accused raised a contention that the transaction between the parties was for an amount of Rs. 15,000/- and that amount was repaid and that he had not issued a cheque for Rs. 30,000/-. Later the complainant filed C.M.P. 6156/2000 under S. 311, Cr.P.C. for recalling the complainant for giving further evidence for correcting the above statement that the accused borrowed
















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