ANTONY P. V. Vs. STATE OF KERALA
LAWS(SC)-2002-1-185
SUPREME COURT OF INDIA
Decided on January 28,2002

Antony P. V. Appellant
VERSUS
STATE OF KERALA Respondents

JUDGEMENT

- (1.)LEAVE granted.
(2.)THE appellant has been convicted in two cases for the offence under S.138 of the Negotiable Instruments Act and in both cases he was sentenced to imprisonment for a period of one year each. The conviction and sentence were confirmed by the Sessions Judge and the High Court declined to interfere in revision.
When the special leave petitions were filed the appellant submitted before us that the entire amount covered by the two cheques has been paid by him and he produced two receipts in support of the said plea. We issued notice on that ground to the respondents. Only the 1st respondent, the State has entered appearance and the complainant who is the 2nd respondent has not entered appearance.

(3.)LEARNED counsel for the appellant submitted that the complainant has sworn to an affidavit, which is produced in this case, in which he has admitted that the amount covered by the cheques has been received by him. Two receipts produced for showing that the amount has been received by the complainant bear the signatures of the complainant, have not been disputed by the State.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.