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IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P, J
ASAF ALI – Appellant
Versus
K.S. THANKACHAN – Respondent
| Table of Content |
|---|
| 1. overview of the appeal challenging the judgment. (Para 1) |
| 2. contentions regarding part-payment endorsement and its implications. (Para 2) |
| 3. court's ruling on endorsement requirements and remand for fresh consideration. (Para 5) |
JUDGMENT
This appeal has been filed challenging the judgment of the Temporary Special Court of the Judicial Magistrate of the First Class for the Trial of Cases U/S 138 of the N.I Act, Thiruvananthapuram, in C.C.No.2477/2018. By the impugned judgment, a complaint filed by the appellant/complainant, alleging the commission of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the Act’) by the 1st respondent/accused was dismissed, and the 1st respondent/accused was acquitted under Section 255(1)
of the Code of Criminal Procedure, 1973 (Cr.PC).
2. Sri. D. Kishore, the learned counsel appearing for the appellant/complainant, would submit that this is a case where the appellant/complainant had transferred a sum of Rs.37,00,083/- through RTGS to the account of the 1st respondent/accused on the understanding that the same would be repaid in 18 months along with interest. It is submitted that
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