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1990 Supreme(Ker) 410

BALAKRISHNAN
Mahadevan Sunil Kumar – Appellant
Versus
Bhadran – Respondent


Judgment :-

The petitioners are accused in S.T. 1205 of 1989 on the file of Additional Judicial First Class Magistrate's Court, Kollam. annexure-1 complaint was filed by respondents land 2 alleging that the petitioners-accused committed offences punishable under S.138 of the Negotiable instruments Act and S.420 of the Indian Penal Code. The gist of the allegation against the petitioners is that on 31-7-89 both these petitioners along with the mother of 2nd petitioner approached 1st respondent and asked for a loan of Rs.60,000/- In the complaint it is alleged that the 1st respondent was made to believe that there was sufficient fund in the bank account maintained by the accused and on the basis of this representation the 1st respondent gave Rs.60,000/- to the 1st accused. The 1st respondent presented the cheque for payment on 1-c-89 and the cheque was dishonoured. The 1st respondent met the petitioner. However, the amount was not paid. Thereafter on 12-10-89 the cheque was again presented for payment. Then also it was dishonoured. Notices were sent to the petitioners-accused. The 2nd accused refused to accept the notice and the acknowledgment in respect of the notice issued to the 1






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