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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. G. Ajithkumar, J
GEORGE AGED 59 YEARS MATHAI – Appellant
Versus
ANURAG K. HARIDAS – Respondent
| Table of Content |
|---|
| 1. prosecution details regarding the cheque issue and initial findings. (Para 2 , 3) |
| 2. need for further evidence regarding cheque dishonour due to account status. (Para 6 , 7) |
| 3. court remands for more evidence due to insufficient original findings. (Para 8) |
ORDER
Revision petitioners are the accused in S.T.C. No.224/2022 on the file of the Judicial First Class Magistrate Court-II, Sulthan Bathery. It is a prosecution initiated against the petitioners alleging offence punishable under Section 138 of the Negotiable Instruments Act , 1881 (for short 'NI Act'). The 1st respondent is the complainant. Herein after the revision petitioners and the 1st respondent are mentioned as accused and complainant respectively.
2. The complainant’s case in brief is as follows:
The complainant and 1st accused are known to each other.
The 1st accused is conducting a shop named P.M.G Traders. Accused received ginger from the complainant worth Rs.2,08,000/- on 19.03.2017. Out of the said sale consideration, an amount of Rs.58,000/- had been received by the complainant on 19.03.2017 itself and the 1st accused made a belief that the balance amount of sale consideration to be paid within two m
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