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2017 Supreme(Ker) 108

ALEXANDER THOMAS
UNNIKRISHNAN, S/O. SREEDHARAN – Appellant
Versus
JAYARAM, S/O. LEKSHMANAN – Respondent


Advocates Appeared:
For the Petitioner: SRI. T.N. MANOJ.
For the Respondents: SRI. M. RAJAGOPALAN NAIR, SRI. G. BIJU, PUBLIC PROSECUTOR SRI. SAIGI JACOB PALATTY.

ORDER :

The petitioner herein is the sole accused in C.C.No.227/2014 on the file of the Judicial First Class Magistrate's Court-XII, Thiruvananthapuram, for offence punishable under Sec.138 of the Negotiable Instruments Act, instituted on the basis of a complaint preferred by the 1st respondent. The case projected in the petition broadly as follows. That as per Anx.A-2 agreement for sale dated 16.12.2013 entered into between the petitioner-accused and the respondent-complainant, an extent of 13.500 cents of property which originally stood in the name of one Sri. Jayanathlal was agreed to be sold in favour of the petitioner-accused or his nominees by the complainant, who was the power of attorney holder of the said Sri. Jayanathlal. The period fixed for the performance of Anx.A-2 agreement was 4 months from the date of agreement (16.12.2013). An amount of Rs.7.5 lakhs was paid by the petitioner-accused to the complainant, who has received the same towards sale consideration and as per the covenants stipulated in the agreement for sale, the balance consideration has to be paid within a period of 4 months from the date of execution of the agreement, failing which it is made clear that





















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