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2009 Supreme(Ker) 506

THOMAS P.JOSEPH
Guruvayurappan – Appellant
Versus
Dhanasree Credits, Investments & Kuries – Respondent


Advocates Appeared:For the Petitioners:Sreelal N. Wariar & Rajasree Rajgopal, Advocates. For the Respondents: P.R. Jayakrishnan, Public Prosecutor.

Judgment :

Would the presumption referred to in S. 146 of the Negotiable Instruments Act (for short, "the Act") extend to the cause of dishonour stated in a memo of dishonour issued from the drawee bank, or, the presumption is regarding the fact of dishonour alone, is the question raised for a decision in this revision.

2. Petitioner faced trial in the court of learned Judicial First Class Magistrate-II, Palakkad in S.T.No.808 of 2005 on a private complaint preferred by respondent No.1, a Private Limited Company engaged in conducting Kuries. According to respondent No.1, petitioner joined three Kuries run by it, two tickets having a Sala of Rs.1,25,000/ - each and another having a Sala of Rs.3,00,000/-. All the Kuries were prized by the petitioner and he received the respective prize money undertaking to pay the future installments without default. He failed to keep up the undertaking. Respondent No.1 alleged that as per ticket Nos.41/84 and 41/85 Rs.67,500/- and Rs.70,000/- respectively, are due. As per Kuri ticket No.44/29 Rs. 1,90,000/- is due. Petitioner paid Rs.1.500/-. Respondent No.1 issued notice to the petitioner on 4.7.2003 demanding payment of entire balance amount due. P


























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