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Reportable

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.2043 OF 2013

(@ SLP (CRL.) No.9505 of 2011)

John K. Abraham

…. Appellant

VERSUS

Simon C. Abraham & Another

…. Respondents

J U D G M E N T

Fakkir Mohamed Ibrahim Kalifulla, J.

1.

Leave granted.

2.

This appeal is directed against the judgment of the High

Court of Kerala at Ernakulam dated 15^th December, 2010

passed in Criminal Appeal No.452 of 2004.

3.

The issue involved in this appeal arises under Section 138 of

the Negotiable Instruments Act. The complaint was

preferred by the respondent No.1 before the Chief Judicial

Magistrate, Pathanamthitta alleging that appellant borrowed

a sum of Rs.1,50,000/- from him and issued a cheque for the

said sum on 20.06.2001 drawn on Indian Overseas Bank,

CRIMINAL APPEAL NO. OF 2013

(@ SLP (CRL.) No.9505 of 2011)

1 of 9

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JUDGMENT

Plankamon branch in discharge of the debt. It is the further

case of the respondent--complainant that when the cheque

was presented for encashment through Pathanamthitta

District Co-operative Bank, Kozhencherry branch, the same

was returned by the bankers wit