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2008 Supreme(Ker) 602

M.SASIDHARAN NAMBIAR
Ignatius – Appellant
Versus
Shaji – Respondent


Advocates Appeared:For the Petitioner:K.B. Mohandas, Advocate. For The Respondents:M.H. Hanil Kumar, Advocate.

Judgment :

Revision petitioner in Crl. R.P. No. 2587 of 2007 is the complainant and revision petitioner in Crl R.P. No. 4332 of 2006 is the accused. The revision petitioner in Crl.

R.P. No. 2587 of 2007, hereinafter referred to as the complainant, lodged the complaint before Judicial First Class Magistrate -I, Thrissur, contending that revision petitioner in Crl. R.P. No. 4332 of 2006 hereinafter referred to as the accused was entrusted with gold to prepare gold ornaments and he failed to account 500 gms of gold so entrusted and in the year 2000 accused along with his mother and two sisters executed the promissory note for Rs. 2,00,000/-on 8.1.2000 in favour of the complainant treating the value of 500 gms of gold to be returned by the accused calculated Rs. 400/-as per gram as the consideration and later towards repayment of the amount covered by the promissory note accused issued Ext.P1 cheque dated 8.7.2002 for Rs.1,00,000/-drawn in his account maintained in Ammadam Service Co-Operative Bank Limited. When the complainant presented the cheque for encashment through his account in Koorkkanchery branch of Thrissur Urban Co-Ooperative Bank Ltd., Ext.P1 cheque was dishonored for want





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