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1993 Supreme(Ker) 89

L.MANOHARAN
Smt. Sosamma – Appellant
Versus
Rajendran – Respondent


Judgment :-

This petition under S. 482, Cr.P.C. is to quash Annexure A-1 complaint. Petitioner is the accused in C.C. 368 of 1992 on the file of the Judicial First Class Magistrate's Court, Nedungandom. Annexure A-1 complaint was filed by the first respondent under S. 138 of the Negotiable Instruments Act (for short 'the Act') and S. 420 of the I.P.C. The allegation was that the petitioner borrowed Rs. 30,000/- on 8-5-1992 from the first respondent promising to re-pay the same on 13-5-1992 and issued a cheque with date 13-5-1992. The cheque when presented was returned unpaid with the endorsement "funds insufficient". First respondent further alleged that only then he could know that he was cheated and deceived with the intention of not paying the amount. It is further alleged that, a notice demanding the amount was issued within time; but was returned without acceptance by the petitioner with the endorsement "unclaimed". Petitioner alleges that the cheque itself is a forged one and that no offence under S. 420, I.P.C. or S. 138 of the Act is committed; therefore, the complaint is liable to be quashed.

2. It was contended by the learned counsel for the petitioner that, the petitione













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