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2010 Supreme(Ker) 429

M.SASIDHARAN NAMBIAR
M. J. Joseph – Appellant
Versus
Gladis Sasi – Respondent


Advocates Appeared:For the Petitioner:T.U. Ziyad, Advocate. For the Respondent: No Appearance.

Judgment :-

1. The appellant, the complainant in C.C.No.145/1998 on the file of Additional Chief Judicial Magistrate(Economic Offence), Ernakulam, filed this appeal challenging the order of acquittal of the respondent for the offence under Section 138 of the Negotiable Instruments Act in this appeal. The case of the appellant in the complaint filed before the learned Magistrate was that for different purposes the respondent borrowed a total sum of Rs.1,50,000/- and though she promised to repay the amount after bidding two Kuries subscribed by her, positively by February, 1997, it was not paid. The appellant met the respondent and demanded the money on 20-02-1997. The respondent came to the office of the appellant and disclosed that she could not get the Kuri as she is defaulter and demanded Rs.25,000/- more so that she can bid the Kuri. Believing the words, appellant advanced Rs.25,000/-. Though he demanded the amount, she failed to repay the amount. Finally, the respondent issued Ext.P1 cheque dated 02-10-1997 for Rs.1,50,000/- drawn in her account maintained in the Fort Kochi Branch of Canara Bank. The cheque, when presented for encashment, was dishonoured. In spite of notice dema





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