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2023 Supreme(Online)(KER) 18460

HIGH COURT OF KERALA
V. G. Arun, J
K.SIVANANDAN – Appellant
Versus
M.SHAHABUDHEEN – Respondent


Advocates:
Sri.JACOB SEBASTIAN, Sri.R.HARISHANKAR

JUDGMENT

Dated this the 09th day of August, 2023 Appellant is the complainant in S.T.No.506 of

2015 of the Chief Judicial Magistrate Court, Palakkad. The complaint was filed, alleging commission of the offence under Section 138 of the Negotiable Insruments Act ('the N.I.Act' for short) by the first respondent. In his complaint, the appellant alleged that the first respondent had borrowed Rs.9,00,000/- in three installments, of which Rs.2,00,000/- was borrowed on 19.01.2012, Rs.3,00,000/- on 13.02.2012 and Rs.4,00,000/- on 23.03.2012. The amounts were borrowed by promising to repay the entire sum by 31.03.2013. Contrary to the promise, the first respondent failed to repay the money and upon the appellant's demand, issued Ext.P1 cheque dated 30.07.2013 for Rs.9,00,000/- in discharge of the debt. The cheque, on presentation, was dishonoured for insufficiency of funds. Although statutory notice was issued to the first respondent, informing him about the dishonour and requiring him to pay the amount, the first respondent issued reply raising false and frivolous contentions. In order to prove his case, the appellant got himself examined as PW1 and the Manager of the drawee bank as PW2. T

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