SREE GOKULAM CHIT & FINANCE CO (P) LTD Vs. NIDHEESH MADHU C
LAWS(KER)-2017-10-151
HIGH COURT OF KERALA
Decided on October 11,2017

SREE GOKULAM CHIT AND FINANCE CO (P) LTD Appellant
VERSUS
Nidheesh Madhu C Respondents

JUDGEMENT

Alexander Thomas, J. - (1.) This is a petition seeking special leave of this Court under Sec. 378(4) of the Cr.P.C. to file criminal appeal so as to impugn the judgment dated 8.10.2013 of the trial court concerned (court of Judicial First Class Magistrate-I, Kannur), whereby the accused in S.T.No.879/2011 has been acquitted of the offence punishable under Sec.138 of the Negotiable Instruments Act. The petitioner herein is the complainant in the abovesaid S.T.No. 879/2011 and the 1st respondent herein is the accused therein.
(2.) Heard Sri.Mahesh. V.Ramakrishnan, learned counsel appearing for the petitioner (complainant) and Sri.Justin Mathew, learned Prosecutor, appearing for R-2 State.
(3.) The brief of the case of the complainant is to the effect the complainant company is conducting chit transactions and the brother of the accused was a subscriber of one of the chits and that the chit was prized in his favour and the prized amount was disbursed to him and that in that regard, the accused herein, being the brother of the subscriber, had stood as guarantor for the said transaction. That thereafter the subscriber had defaulted in paying the balance amount due to the chit company and that the company had issued notices to the subscriber and to the accused surety to pay the abovesaid amounts and in discharge of the said liability, the accused, as the guarantor, had voluntarily come forward to the branch office of the complainant company and had issued and executed Ext.P-3 cheque dated 26.8.2010 for the said due amount of Rs. 2,67,386/- and that the cheque when presented resulted in dishonour. After adhering to the procedural formalities in that regard, the complainant had instituted the above complaint, which led to the conduct of the trail.;


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