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2014 Supreme(Online)(KER) 14357

HIGH COURT OF KERALA
ALEXANDER THOMAS, J
SIDDIQUE – Appellant
Versus
NAUSHIYA – Respondent


Advocates:
SRI.V.M.KRISHNAKUMAR, SRI.P.M.ABDUL JALEEL (KODUNGALLUR), SRI.K.SHAMEER MOHAMMED, SMT. R. REMA

O R D E R

This application is filed under Sec.378(4) Cr.P.C seeking leave to impugn the judgment rendered on 3.7.2012 by the Judicial First Class Magistrate's Court, Kodungallur, in the Calendar Case, C.C.No.2/2011, whereby the accused has been acquitted of the offence under Sec.138 of the Negotiable Instruments Act , for the alleged dishonour of the cheque in question for an amount of Rs. 1.5 lakhs. On the crucial issue as to whether the accused owed an amount of Rs. 1.5 lakhs to the complainant and whether she had issued Ext.P1 cheque dated 25.11.2010 for the said amount in favour of the complainant towards discharge of liability, the court below held after exhaustive analysis of the evidence on record that the complainant has not been able to cogently prove that there was indeed a transaction by him with the accused, who is a lady and that Ext.P1 cannot be considered as a cheque issued by the accused in favour of the complainant towards discharge of a legally enforceable debt, etc. Initially the case projected by the complainant in the complaint and in the lawyer's notice ::2::

was that Ext.P1 cheque was issued by him to the accused towards an antecedent debt. Later, while deposi

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