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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (crl.) 1410 of 2007

PETITIONER:

K. Prakashan

RESPONDENT:

P.K. Surenderan

DATE OF JUDGMENT: 10/10/2007

BENCH:

S.B. Sinha & Harjit Singh Bedi

JUDGMENT:

J U D G M E N T

S.B. SINHA, J :

1. Leave granted.

2. The impugned judgment is one of reversal of a judgment of acquittal

passed by the learned Trial Judge in favour of the appellant.

3. Respondent herein allegedly, on diverse dates, advanced a sum of Rs.

3,16,000/- to the appellant who issued a cheque for the said amount on

18.12.1995. The said cheque was dishonoured on the ground of \021insufficient

fund\022. Allegedly, when the matter was brought to the notice of the

appellant, he undertook to remit the amount on or before 30.01.1996. The

cheque was again presented but the same was not encashed on the ground

\023payment stopped by the drawer\024.

4. On the aforementioned premise, a complaint petition was filed by the

respondent herein against the appellant under Section 138 of the Negotiable

Instruments Act (for short \023the Act\024).

5. The complainant in support of its case led evidence to show that he

had advanc