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1999 Supreme(Mad) 1467

K.SADASIVAN
P. C. Cheriyan – Appellant
Versus
Kuruvilla – Respondent


Advocates:
K. George Varghese and Thomas V. Jacob, for Petitioner.
P. J. Varghese, for 1st Respondent.
The State Prosecutor, for State.

Order.-

The revision petitioner was the accused in C.C.No. 108 of 1966 on the file of the Sub-Divisional Magistrate, Chengannur. He was hauled up before the Court on a complaint by one Kuruvila on a charge of cheating. The case is that on 17th February, 1966 at 5 p.m. the accused went over to the complainant’s house and demanded a loan of Rs. 2,500. The complainant was made to believe that the accused had sufficient funds in the Eraviperoor branch of the Thiruvella East Co-operative Bank Ltd., but he could not withdraw any money since the working time of the bank was over. He was however ready with a signed cheque which was handed over to the complainant and the necessary entries were asked to be made by the complainant himself and accordingly the cheque was prepared for Rs. 2,500 and given over to the complainant. On presentation of thecheque to the bank on 23rd February, 1966 the cheque was dishonoured on the ground that he had no sufficient funds in the bank. It is on these allegations that the complaint was made under section 490, Indian Penal Code. The accused’s plea was one of complete denial. According to him no amount was borrowed from the complainant and no cheque was issu





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