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2015 Supreme(Ker) 1688

K.RAMAKRISHNAN
Gopinatha Kurup – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M. Gopalakrishnan Nambiar & Deepak
For the Respondents: Jibu P. Thomas (Government Pleader) & K. Shibili Naha

JUDGMENT :

1. Second respondent in Crl. Appeal Nos.133/2006, 127/2006, 129/2006 and 131/2006 on the file of the Sessions Court, Thrissur, is the appellant in all these appeals. All these cases were arising out of four private complaints filed by the appellant against the 2nd respondent alleging commission of offence under Section 138 of the Negotiable Instruments Act (hereinafter called the ‘Act’).

2. The common case of the complainant in all these cases was that, the complainant is the proprietor of M/s. Sastha Motors Guruvayoor and he was the authorized distributor of petroleum products of M/s. British Petroleum. The accused was appointed as talkist by the complainant for the area of Guruvayoor and Punnapra to distribute Tata B.P. Lube products as per agreement dated 17.08.1998. Accused used to purchase lube products from the complainant on credit basis. As per the accounts, there was an amount of Rs.3,45,277.81 was due from the accused to the complainant and in discharge of those liabilities he had issued Exts.P2 and P5 for Rs.50,000/- each with date 15.11.1999 and 15.12.1999 respectively. Ext.P12 cheque for Rs.25,000/- dated 14.09.1999 and Ext.P15 cheque dated 4.11.1999 for Rs.37





























































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