S ASHOK Vs. VASUDEVAN MOOSAD
HIGH COURT OF KERALA
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(1.)Petition under S.482 Cr.P.C. is to quash the complaint and the proceedings in S.T. 47 of 1992 on the file of the Chief Judicial Magistrate's Court, Kozhikode.
(2.)Annexure-5 complaint was filed by the respondent against the petitioners under S.142 of the Negotiable Instruments Act (26 of 1881) (for short 'the Act') on the allegation that, against a loan availed by the first petitioner on 30-6-1991 he issued a cheque dated 4-7-1991 for an amount of Rs.25,000/-, that the cheque when sent for collection was returned with the endorsement 'stop payment', that then only it was known that the respondent was cheated and that since inspite of a notice of dishonour the amount was not paid within the stipulated time, the petitioners have committed an offence punishable under S.138 of the Act.
(3.)Petitioners contend that, the allegation that the respondent availed a loan on 30-6-1991 is false, according to the petitioners on the representation of the respondent that he would supply 20,000 gross of veneers within three days provided an advance of Rs.25,000/- would be given, the cheque was issued. But since the respondent failed to supply the veneers within three days as agreed by him the second petitioner stopped the payment as per the cheque. It is also contended by the petitioners that, since there is no case that the cheque was returned without payment for want of sufficient amount in the account of the drawer, the complaint is not maintainable.
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