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2020 Supreme(Online)(KER) 30557

HIGH COURT OF KERALA
DR.JOHN JACOB THARAYIL – Appellant
Versus
JOSEPH ISSAC, S/O. ISSAC – Respondent


JUDGMENT

[ CRL.A.3/2005, CRL.A.2172/2005, CRL.A.2221/2005 ]

Dated this the 12th day of November 2020 These three appeals are filed by the complainant in S.T.Nos.69/2001, 70/2001 and 71/2001 on the file of the Judicial First Class Magistrate Court II (Forest Offences), Manjeri. These three cases are initiated by the appellant in these appeals against the 1st respondent in these appeals alleging the offence punishable under Section 138 of the Negotiable Instruments Act. The trial court disposed these three cases by a common judgment. Therefore, I am disposing these three appeals by a common judgment. (Hereafter the parties are mentioned in accordance to their rank before the lower court).

2. The specific case of the complainant is that the accused in discharge of the debt of Rs.2,25,000/-, paid an amount of Rs.10,000/- by cash and for the balance amount of Rs.2,15,000/- issued six cheques drawn on Canara Bank, Manjeri Branch in favour of the complainant and presented these cheques for collection through the South Indian Bank, Manjeri Branch. The above six cheques were dishonoured with a memo stating the reason “payment stopped by the drawer” and the fact of dishonour was intimated to th

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