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2014 Supreme(Ker) 834

A.HARIPRASAD
Gujarath Guardian Limited – Appellant
Versus
George Kurian – Respondent


Advocates Appeared:
For the Appellant :Gisa Susan Thomas, Advocate
For the Respondent: Jasmine, Public Prosecutor and Jomy George

JUDGMENT :

A. Hariprasad, J.

Appeal filed under Section 378(4) Cr.P.C. Appellant is a company registered under the Companies Act. The company filed a complaint before the learned Magistrate against the respondent/accused alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (in short 'the NI Act'). Learned Magistrate, after trial, convicted the accused and imposed sentence. The accused took up the matter in appeal before the learned Additional Sessions Judge. He reconsidered the matter and reversed the finding of the learned Magistrate and dismissed the complaint, thereby the accused was acquitted. Aggrieved by that decision, the complainant/appellant has approached this Court. Facts in short, necessary for disposal of the appeal, are as follows:

Appellant company is engaged in the business of manufacturing and marketing various varieties of glass. The accused/respondent purchased goods from the complainant company and in order to discharge that liability, he issued Ext. P1 cheque dated 25/09/2002 for an amount of Rs. 2,50,000/-. The complainant presented the cheque for collection through their banker. The cheque was returned with an endorsement that


































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