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2014 Supreme(Ker) 203

THOMAS P.JOSEPH
P. J. Thomas – Appellant
Versus
Vijayakumari – Respondent


Advocates Appeared:
For the Petitioner:Sunny P. Markose, G. Krishnakumar, K.A. Ani Joseph, Advocates.
For the Respondents:R1 to R3, K. Jaju Babu, Senior Advocate, M.U. Vijayalakshmi, T.S. Shyam Prasanth, Advocates, Laliza, Public Prosecutor.

Judgment

1. The following points arise for a decision in this Criminal Revision Petition.

"(i) Whether the finding of the trial court and the lower appellate court that the petitioner issued the cheque for the discharge of a legally enforceable debt/liability calls for interference?

(ii) Whether the day on which the collecting bank got information from the drawee bank about dishonour of the cheque is the relevant day for computing the period (of fifteen days as it stood before 06.02.2003) under proviso (b) of Section 138 of the Negotiable Instruments Act, 1881 (for short, “the Act”)?"

2. Respondents 1 to 3 are the legal representatives of the deceased complainant. He claimed that the petitioner borrowed Rs.3,65,000/- from him in September, 2001 and on his demanding payment, the petitioner issued Ext.P1, Cheque dated 21.01.2002 drawn on the Syndicate Bank, Ernakulam branch (for short, “the drawee bank”). The complainant presented that cheque for encashment through the Balaramapuram branch of the Thiruvananthapuram District Co-operative Bank (for short, “the collecting bank”). The collecting bank presented the cheque to the drawee bank through its Ernakulam branch. The drawee bank



































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