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1988 Supreme(Ker) 263

SREEDHARAN
SHADILI – Appellant
Versus
UTHAMAN – Respondent


Judgment :-

1. Petitioner seeks to quash the complaint copy of which is marked as Annexure Al, filed by the first respondent. The allegations made in the complaint are to the following effect. Petitioner was a businessman in Abu Dhabi. He approached the first respondent, the complainant, who was employed as Branch Manager of Al-Fatha Food Trading Company, Abo Dhabi and purchased Chicken meat on 20-9-1986, 26-9-1986 and 31-9-1986 on credit basis, after issuing cheques for 5,000 Dirhams, 4,500 Dirhams and 11,560 Dirhams. At the time of issuing the cheques the petitioner made the first respondent believe that there is sufficient cash balance in the bank and that the cheques can be encashed at any time. When the cheques were presented, the first respondent was told that there was no cash in the account of the petitioner. On enquiry the bank authorities informed that the petitioner had intimated them to stop all

payments from his account. The petitioner could not be found in Abu Dhabi. He bad left that country and came over to Kerala. The amount for which the first respondent was cheated was reimbursed by him to the company from out of his salary. The petitioner made the first responden









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