SARATH SADANANADAN S/O SADANANDAN Vs. SINI KAMAL PARAYIL PUTHEN VEEDU
HIGH COURT OF KERALA
Sarath Sadananadan S/O Sadanandan
Sini Kamal Parayil Puthen Veedu
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Alexander Thomas, J. -
(1.) This is an application filed by the complainant seeking leave of this Court under Sec.378(4) of the Cr.P.C. to file criminal appeal so as to impugn the judgment dated 14.6.2017 rendered by the trial court concerned (Court of Chief Judicial Magistrate's Court, Pthanamthitta), whereby the accused in S.T.No.135/2015 has been acquitted of the offence punishable under Sec.138 of the Negotiable Instruments Act. The petitioner herein is the complainant in S.T.No.135/2015 and the 1 st respondent herein is the accused in that case.
(2.) Heard Sri. M.T.Suresh Kumar, learned counsel appearing for the petitioner (complainant) and Sri.Saigi Jacob Palatty, learned Prosecutor appearing for R-2 State. In the nature of the order that is proposed to be passed in this petition, notice to R-1 (accused) will stand dispensed with.
(3.) The gist of the case of the complainant is that, in discharge of a debt owed by the accused to the complainant, the accused had issued the instant Ext.P-1 cheque dated 30.12.2014 for Rs.3 lakhs drawn from his account and payable in favour of the complainant. That the cheque when presented, was dishonoured as per Ext.P-2 memo dated 14.1.2015 on the ground of insufficiency of funds. Thereupon, the complainant had issued Ext.P-3 statutory demand notice dated 20.1.2015, under Sec.138 proviso (b) calling upon the accused to pay off the amount covered by the cheque within a period of 15 days of receipt of the said notice. The said notice sent by registered post was duly served on the accused as per Exts.P-4 and P-5. The accused did not respond to the same and since the amount was not paid, the complainant, after following the requisite procedures, has filed the instant complaint, which led to the trial.;
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