SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2015 Supreme(Ker) 1171

P.D.RAJAN
Sathya Narayanan K. S. – Appellant
Versus
Preethi – Respondent


Advocates Appeared:
For the Appellant : P. Santhosh and R. Rajitha.
For the Respondents: N. Suresh, Public Prosecutor.

ORDER :

P.D. Rajan, J.

1. This revision petition is preferred against the order in CMP No. 5683/2007 on the file of Judicial First Class Magistrate-III, Thrissur, which was filed under Section 142 of the Negotiable Instrument Act to condone the delay of 48 days in filing a complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the NI Act). Complainant's case is that the accused borrowed a sum of Rs. 1,50,000/- from him and in discharge of that debt, accused issued a cheque drawn on South Indian Bank, Ollukkara branch. When it was presented for encashment, it was dishonoured for the reason of 'account closed'. The complainant demanded the amount by giving a notice in writing to the accused, but even after acceptance of notice, he failed to pay the due amount. In the circumstances, he filed a complaint, CMP No. 5684/2007 in the Trial Court, with a petition to condone the delay of 48 days, which was dismissed by the learned Magistrate on 25/02/2008. Being aggrieved by that, he approached this Court with this revision petition. The learned counsel appearing for the revision petitioner submitted that as the petitioner was laid up due to Chikkun Guniya, h



















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top