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2017 Supreme(Ker) 310

ALEXANDER THOMAS
DOMINIC JOSEPH – Appellant
Versus
STATE OF KERALA, REP. BY PUBLIC PROSECUTOR – Respondent


Advocates Appeared:
For the Petitioner: SRI. S.RAJEEV, SRI. K.K. DHEERENDRAKRISHNAN, SRI.V.VINAY
For the Respondent: SRI. SAIGI JACOB PALATTY, SRI. C. HARINDRAMOHAN NAIR

ORDER :

The petitioner herein is the sole accused in S.T.No.2880/2015 on the file of the Judicial First Class Magistrate Court-I, Kanjirappally, for offence under Sec.138 of the Negotiable Instruments Act, instituted on the basis of the complaint filed by the 2nd respondent herein. Anx.1 is the certified copy of the impugned complaint, which led to the institution of the aforestated S.T.No.2880/2015. The complaint was filed by the 2nd respondent alleging that he had advanced an amount of Rs.9 lakhs to the petitioner with the understanding that the interest chargeable on the said amount will be @ 12% p.a. That the petitioner had agreed to repay the principal amount on 15.6.2015 and the interest on the last date of every English calendar month. That in pursuance of the said loan transaction, the petitioner had issued Anx.II cheque dated 15.6.2015 for amount of Rs. 9 lakhs in favour of the 2nd respondent and the cheque, on presentation by the complainant, has resulted in dishonour for want of sufficient funds. After complying with the statutory formalities, Anx.I complaint was filed before the Judicial First Class Magistrate's Court-I, Kanjirappally, which was taken on file as aforesta


























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