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2020 Supreme(Online)(KER) 44794

HIGH COURT OF KERALA
P. G. Ajithkumar, J
JOSE P.P. – Appellant
Versus
M.M.ABDULKHADER – Respondent


Advocates:
ADV. SRI.DINESH MATHEW J.MURICKEN, ADV. SRI.P.T.JOSE, SHRI. B.JAYASURYA, SR.PUBLIC PROSECUTOR

J U D G M E N T

Dated this the 8th day of June 2020 …..

The above appeal is filed by the complainant in C.C. No.205 of 2000 on the file of the Judicial First Class Magistrate Court, Perumbavoor. The above calendar case was filed by the appellant against the first respondent herein for prosecuting him under Section 138 of the Negotiable Instruments Act,1881 (hereinafter the parties are mentioned by their rank before the trial court).

2. The complainant is 'Jose P.P., Manager, Rice Tech Agro Mills Pvt.Ltd., Mattoor, Kalady'. The case of the complainant is that the accused had purchased rice from the complainant firm for Rs.61,331.25 paise and out of which, an amount of Rs.30,000/- is due to the complainant. When the complainant demanded the said amount, the accused informed that he would repay the amount in three installments and issued three cheques for Rs.10,000/- each. The complainant presented the cheques for encashment. But, those cheques were dishonoured from the bank with an endorsement "Funds insufficient," on 06.09.1999, 07.09.1999, and 16.09.1999 respectively. The complainant issued a statutory notice in accordance to the Negotiable Instruments Act, on 18.09.1999 and the accus

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