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2015 Supreme(Ker) 1305

P.D.RAJAN
Shihahbuddi Ahammed – Appellant
Versus
A. K. Krishnaraj – Respondent


Advocates:
Advocate Appeared:
For The Appellant :P. Vijaya Bhanu, Senior Advocate and M. Revikrishnan
For The Respondents: N. Suresh, Public Prosecutor

ORDER :

P.D. Rajan, J.

1. The question is whether non-mentioning of the cheque number in the notice issued by the "payee or the holder of the cheque" amounts to noncompliance of Section 138(b) of the Negotiable Instruments Act? This revision petition was preferred against the judgment in Criminal Appeal No. 109/2003 of the Additional Sessions Judge, Fast Track-1, Palakkad. The revision petitioner was the accused in ST No. 274/1999 before the Chief Judicial Magistrate, Palakkad for having committed an offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the N.I. Act). The complainant's case in the Trial Court was that the accused borrowed a sum of RS 1 lakh from him and in discharge of that debt, he issued Ext. P1 cheque. When it was presented for encashment, it was dishonoured for the reason of funds insufficient. The complainant, who is the holder of the cheque demanded the amount by issuing a notice in writing to the drawer of the cheque. Even after notice, there was no repayment, hence the complaint. During trial, complainant was examined as PW1 and his documents were marked as Exts. P1 to P6. The accused did not adduce any defence evi



















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