HIGH COURT OF KERALA
SOPHY THOMAS, J
N.M.MINERALS INDIA PRIVATE LTD. – Appellant
Versus
P.K.RAJU – Respondent
| Table of Content |
|---|
| 1. claim regarding dishonoured cheque due to stop payment. (Para 3 , 4 , 5) |
| 2. requirement of cheque presentment within statutory limits. (Para 10 , 11 , 12) |
| 3. defendant's claims of theft and lack of response undermined credibility. (Para 21 , 22) |
| 4. court's final ruling against initial acquittal due to misapplication of legal standards. (Para 24 , 25) |
JUDGMENT
This appeal is at the instance of the complainant in CC No.653 of 2002 on the file of Judicial Magistrate of First Class-I, Cherthala, challenging acquittal of the accused, in a complaint filed by him under Section 138 of the Negotiable Instruments Act (N.I.Act for short), as per judgment dated 31/1/2006.
2. The complainant-N.M.Minerals India Private Ltd is a Private Limited Company registered under the Indian Companies Act, represented by its power of attorney holder.
3. The case of the appellant/complainant is that, towards the price of mineral water purchased by the accused from that company, he owed a sum of Rs.34,940/-, and towards discharge of that liability, he issued Ext.P1 cheque dated 23/8/2001 drawn on District Co-operative Bank, Kunnukuzhy Branch, Thiruvananthapuram. When that cheque was sent for coll
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.