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2023 Supreme(Online)(KER) 24672

HIGH COURT OF KERALA
C.S. DIAS, J
M/S.EICHER MOTORS LTD. – Appellant
Versus
C.Y.SALIM – Respondent


Advocates:
SRI.M.RAMESH CHANDER, SRI.ANEESH JOSEPH, SRI.C.A.NAVAS, SRI.P.A.SHAJI SAMAD, SMT.C.S.SIMI, SMT.M.K PUSHPALATHA, SRI.T.K.SASIKUMAR, SMT.K.A.SANJEETHA, SMT.SEETHA.S

COMMON JUDGMENT

These appeals are directed against the common judgment in Crl.A Nos.977, 978, 979 and 980 of 2008 of the Court of the Additional Sessions Judge (Adhoc- I), Ernakulam, (Appellate Court), holding the first respondent not guilty for the offence under Sec.138 of the Negotiable Instruments Act ( for short, N.I Act) and consequently setting aside the common judgment in ST Nos.975, 976, 977 and 978 of 2006 of the Court of the Judicial Magistrate of First Class-IV, Kochi (Trial Court) and acquitting the first respondent. The appellant was the complainant and the first respondent was the accused in the four complaints. For convenience, the parties are referred to as per their litigate status before the Trial Court.

Factual matrix

2. The common case of the complainant in the four complaints was that the accused had approached the complainant and had availed financial assistance to the tune of Rs.7,50,000/- to purchase an Eicher Jumbo Truck. In discharge of the said liability, the accused had issued Exts P2(a) to P2(d) cheques, all for an amount of Rs.19,500/-. The cheques, on presentation to the bank for encashment, got dishonoured by Exts P3(a) to P3(d) memorandums on the gr

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