C ANTONY Vs. K G RAGHAVAN NAIR
LAWS(SC)-2002-11-82
SUPREME COURT OF INDIA (FROM: KERALA)
Decided on November 01,2002

C.ANTONY Appellant
VERSUS
K.G.RAGHAVAN NAIR Respondents


Referred Judgements :-

BHIM SINGH RUP SINGH VS. STATE OF MAHARASHTRA [REFERRED TO]
DHARAMDEO SINGH VS. STATE OF BIHAR [REFERRED TO]



Cited Judgements :-

K P CHINNASAMY VS. T B KENNEDY [LAWS(MAD)-2006-11-235] [REFERRED TO]
STATE OF GOA VS. ROSARIO FERRAO [LAWS(BOM)-2022-10-84] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. MOOL CHAND [LAWS(HPH)-2018-7-80] [REFERRED TO]
INDEN POWER INTERNATIONAL LTD. VS. CHANDAN PANDYA [LAWS(APH)-2014-6-173] [REFERRED TO]
P PRAVEEN VS. T D NAIDU [LAWS(MAD)-2009-4-402] [REFERRED TO]
NAGISETTY NAGAIAH VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2004-7-63] [REFERRED TO]
STATE OF PUNJAB VS. GURWINDER SINGH [LAWS(P&H)-2020-2-307] [REFERRED TO]
EDAYAKAL MUTHUKOYA VS. PATTAKKAL SAYED AHAMMED KOYA THANGAL [LAWS(KER)-2016-3-256] [REFERRED TO]
STATE OF J&K VS. ZAKIR HUSSAIN AND OTHERS [LAWS(J&K)-2019-6-8] [REFERRED TO]
NALINAKSHI VS. STATE OF KERALA [LAWS(KER)-2019-3-280] [REFERRED TO]
METI MOUNESHAPPA S/O. RAMAPPA VS. DR. E NINGAPPA S/O. SANNA HUCHAPPA [LAWS(KAR)-2021-8-97] [REFERRED TO]
STATE OF GUJARAT VS. ANANDKUMAR BALDEVBHAI VANKAR [LAWS(GJH)-2018-7-121] [REFERRED TO]
SHANAZ D SOUZA VS. SHEIKH AMEER SAHEEB [LAWS(BOM)-2006-10-32] [REFERRED TO]
STATE OF MAHARASHTRA VS. KAUSALAYABAI RAMNATH DAYAMA [LAWS(BOM)-2009-1-65] [REFERRED TO]
THE STATE OF MAHARASHTRA VS. SHANKAR OMKAR CHAVAN AND ORS. [LAWS(BOM)-2015-7-353] [REFERRED TO]
RAJU AND ORS. VS. STATE OF MAHARASHTRA [LAWS(BOM)-2015-8-197] [REFERRED TO]
THE STATE OF MAHARASHTRA VS. DEVIDAS KISHANRAO MORE AND ORS. [LAWS(BOM)-2015-6-57] [REFERRED TO]
STATE OF MAHARASHTRA VS. BALASAHEB KASHINATH SHENDAGE [LAWS(BOM)-2015-2-114] [REFERRED TO]
THE STATE OF MAHARASHTRA VS. RAGHUNATH RAMCHANDRA SABLE [LAWS(BOM)-2015-6-131] [REFERRED TO]
THE STATE OF MAHARASHTRA VS. SANTOSH BABAN MADHE [LAWS(BOM)-2015-7-3] [REFERRED TO]
STATE OF MAHARASHTRA VS. SUBHASH BALAJI KAIBANDE [LAWS(BOM)-2017-7-6] [REFERRED TO]
CHANDRA PRABHA VASANT MHASKE VS. GANESH MARYA WAGHE & ORS. [LAWS(BOM)-2017-6-93] [REFERRED TO]
STATE OF MAHARASHTRA VS. BASAVRAJ SIDRAMAPPA KANDALGAONKAR [LAWS(BOM)-2017-5-70] [REFERRED TO]
STATE OF MAHARASHTRA VS. VILAS NARAYAN JAGTAP [LAWS(BOM)-2021-11-39] [REFERRED TO]
STATE OF MAHARASHTRA VS. NARAYAN S/O KISAN MOTE [LAWS(BOM)-2018-4-3] [REFERRED TO]
STATE OF U.P. VS. INDRA PAL & OTHERS [LAWS(ALL)-2017-5-360] [REFERRED TO]
STATE OF U.P. VS. RAHUL CHAUBEY [LAWS(ALL)-2021-3-122] [REFERRED TO]
VINOD AGARWAL @ VINOD GOYAL VS. STATE OF RAJASTHAN & ANR. [LAWS(RAJ)-2013-12-127] [REFERRED TO]
STATE VS. KALAIVANAN [LAWS(MAD)-2020-2-332] [REFERRED TO]
GANESAN VS. PARAMASIVAM [LAWS(MAD)-2020-3-149] [REFERRED TO]
STATE REP VS. T.JAYACHANDRAN [LAWS(MAD)-2019-2-357] [REFERRED TO]
STATE OF UTTAR PRADESH (NOW STATE OF UTTARAKHAND) VS. SOBAN SINGH AND ORS. [LAWS(UTN)-2008-1-36] [REFERRED TO]
NAGARJUNA CONSTRUCTION COMPANY LTD., CHENNAI VS. M/S. SHARAT SEA FOODS LTD., CHENNAI [LAWS(MAD)-2012-3-477] [REFERRED TO]
RAJBIR VS. NORANG [LAWS(P&H)-2015-5-586] [REFERRED TO]
MUNNI VS. SURJIT SINGH [LAWS(P&H)-2014-8-470] [REFERRED]
JASBIR SINGH VS. RAJ KUMAR AND ORS. [LAWS(P&H)-2015-3-49] [REFERRED TO]
MANPREET SINGH VS. SARABJEET SINGH AND ORS. [LAWS(P&H)-2015-5-140] [REFERRED TO]
RATNI VS. HANUMAN SINGH AND ORS. [LAWS(P&H)-2015-4-129] [REFERRED TO]
BHUPINDER SINGH VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2015-3-277] [REFERRED TO]
THE STATE OF MAHARASHTRA VS. MAHENDRAKUMAR SHADIRAM SOOD [LAWS(BOM)-2015-1-197] [REFERRED TO]
THE STATE OF MAHARASHTRA VS. DNYANDEO RAMCHANDRA NARALE AND ORS. [LAWS(BOM)-2015-3-431] [REFERRED TO]
STATE OF U.P. VS. GIRISH PAL [LAWS(ALL)-2017-5-211] [REFERRED TO]
STATE OF U.P. VS. PREMRAJ KANNAUJIYA [LAWS(ALL)-2017-5-233] [REFERRED TO]
DINESH KUMAR VS. CHAMPESHWAR SAHU [LAWS(CHH)-2019-9-19] [REFERRED TO]
STATE OF MAHARSHTRA VS. SHAIKH JAFAR ABBAS AND OTHERS [LAWS(BOM)-2017-5-44] [REFERRED TO]
THE STATE OF MAHARASHTRA VS. SOPAN S/O BANSHI KHALGE, [LAWS(BOM)-2017-6-325] [REFERRED TO]
STATE OF MAHARASHTRA VS. PARSHU R.KHILLARE [LAWS(BOM)-2017-7-8] [REFERRED TO]
STATE OF MAHARASHTRA VS. VYANKATI JANARDHAN DHAKNE [LAWS(BOM)-2017-7-100] [REFERRED TO]
STATE OF MAHARASHTRA THROUGH PUBLIC PROSECUTOR VS. BHAGIRATH MAHADEO BHOSALE [LAWS(BOM)-2017-9-251] [REFERRED TO]
MOHAMMAD RAFEEQUE VS. M ABDULLA MOHIDDIN KUNHI [LAWS(BOM)-2008-8-57] [REFERRED TO]
STATE OF GOA VS. DAYANAND VISHRAM GHADI [LAWS(BOM)-2009-11-268] [REFERRED]
STATE OF MAHARASHTRA VS. OMPRAKASH @ MUNNA ALIYAR SINGH [LAWS(BOM)-2022-2-44] [REFERRED TO]
USHA HIRALAL KANOJIA VS. JAYSHREE MANGESH [LAWS(BOM)-2023-6-1110] [REFERRED TO]
MALTI DEVI VS. STATE OF U P [LAWS(ALL)-2014-10-106] [REFERRED TO]
MALKIAT SINGH VS. NIRMAL SINGH AND ORS. [LAWS(P&H)-2015-4-149] [REFERRED TO]
HISAR TULSI COOP NON-AGRICULTURAL THRIFT & CREDIT SOCIETY LIMITED VS. SUMAN LATA CHAUDHARY [LAWS(P&H)-2015-3-727] [REFERRED]
HDFC BANK VS. JASMER SINGH [LAWS(P&H)-2014-8-110] [REFERRED TO]
JANAK SINGH VS. PALA KHAN AND ORS. [LAWS(P&H)-2015-3-358] [REFERRED TO]
JOINT CHIEF CONTROLLER OF IMPORTS AND EXPORTS VS. K K GOVIND RAJAN [LAWS(MAD)-2006-4-185] [REFERRED TO]
K L KASHI VS. MAHINDRA AND MAHINDRA FINANCE SERVICES LTD [LAWS(MPH)-2016-5-135] [REFERRED]
K MUTHUSEKAR VS. S T S JAYAKUMAR [LAWS(MAD)-2018-12-73] [REFERRED TO]
XXXXXX VS. STATE OF KERALA [LAWS(KER)-2022-2-160] [REFERRED TO]
SHELCY VS. WILSON [LAWS(KER)-2022-4-178] [REFERRED TO]
SIKKU @ MADHAV VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-4-271] [REFERRED TO]
JANAK RAJ VS. STATE OF HARYANA [LAWS(P&H)-2015-8-805] [REFERRED TO]
STATE OF MAHARASHTRA VS. RAMRAKSHA CHHATRADHARI SINGH [LAWS(BOM)-2022-2-34] [REFERRED TO]
USHA HIRALAL KANOJIA VS. JAYSHREE MANGESH CHAUHAN [LAWS(BOM)-2023-6-687] [REFERRED TO]
MOHAN MEAKIN LIMITED VS. PROPRIETOR OF M/S. R. JAGAVTAR AND COMPANY [LAWS(HPH)-2007-8-24] [REFERRED TO]
C ASHOK KUMAR VS. ANIL KUMAR KUNCHANWAR [LAWS(APH)-2014-2-168] [REFERRED TO]
STATE OF PUNJAB VS. HARNEK SINGH & OTHERS [LAWS(P&H)-2012-7-329] [REFERRED]
STATE OF HARYANA VS. PARMANAND [LAWS(P&H)-2019-11-222] [REFERRED TO]
KISHAN SINGH VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2015-8-5] [REFERRED TO]
TIRATH KALIA VS. ANDRESH [LAWS(P&H)-2015-3-18] [REFERRED TO]
JAYESHBHAI SEJPAL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-5-18] [REFERRED TO]
ANANT DINKAR KHARKAR VS. NITIN GOVIND SHINDE [LAWS(BOM)-2008-3-158] [REFERRED TO]
VIJAY RAMA POOJARY VS. ANAND MODHE [LAWS(BOM)-2008-4-52] [REFERRED TO]
STATE OF MAHARASHTRA VS. JAIKISHAN LAXMINARAYAN MEENA [LAWS(BOM)-2007-2-172] [REFERRED TO]
EMPLOYEES STATE INSURANCE CORPORATION VS. CORTALIM SHIPYARD and ENGINEERS [LAWS(BOM)-2005-4-29] [REFERRED TO]
THE STATE OF MAHARASHTRA VS. GOVIND SHANKARRAO KOHALE AND ORS [LAWS(BOM)-2017-12-29] [REFERRED TO]
THE STATE OF MAHARASHTRA VS. SAHEBRAO S/O. BABURAO JOGDAND [LAWS(BOM)-2017-12-66] [REFERRED TO]
STATE OF U.P. VS. JAGPAT SINGH [LAWS(ALL)-2017-4-108] [REFERRED TO]
THE STATE OF MAHARASHTRA AND ORS. VS. ARMAN GULZAR TADVI AND ORS. [LAWS(BOM)-2015-3-42] [REFERRED TO]
THE STATE OF MAHARASHTRA VS. DHONDAPPA MALIKARJUN AND ORS. [LAWS(BOM)-2015-6-77] [REFERRED TO]
STATE OF MAHARASHTRA VS. RAJARAM GULABRAO KENJALE [LAWS(BOM)-2019-7-317] [REFERRED TO]
SNEHAL MANGALDAS PRIYADARSHI VS. STATE OF GUJARAT [LAWS(GJH)-2018-6-196] [REFERRED TO]
STATE OF MAHARASHTRA VS. GOVARDHAN VITHAL GOVANDE [LAWS(BOM)-2017-7-91] [REFERRED TO]
STATE OF MAHARASHTRA VS. DASHRATH S/O VISHWANATH [LAWS(BOM)-2017-7-23] [REFERRED TO]
STATE OF MAHARASHTRA VS. LILABAI SURESH SOPAN PAWAR [LAWS(BOM)-2018-3-106] [REFERRED TO]
STATE VS. H.S. SANTHOSH KUMAR AND ANOTHER [LAWS(KAR)-2016-12-35] [REFERRED TO]
MALA RAM VS. STATE OF RAJ [LAWS(RAJ)-2014-7-216] [REFERRED]
SANDEEP KUMAR VS. VIMAL BANSAL [LAWS(P&H)-2015-8-414] [REFERRED]
RAJ KUMAR VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2015-5-429] [REFERRED TO]
SOHAN SINGH VS. GURLABH SINGH [LAWS(P&H)-2015-7-73] [REFERRED TO]
RANI KAUR VS. SNEH LATA AND ORS. [LAWS(P&H)-2015-3-278] [REFERRED TO]
MAHTAB SINGH VS. STATE OF U P [LAWS(SC)-2009-4-118] [REFERRED TO]
AMIR SINGH VS. RAJENDER SINGH AND ANOTHER [LAWS(P&H)-2012-2-387] [REFERRED]
SAMMETA SRIHARI VS. STATTE OF ANDHRA PRADESH [LAWS(APH)-2014-6-32] [REFERRED TO]
STATE NCT OF DELHI VS. MANOJ @ SANOJ @ BHONDO [LAWS(DLH)-2013-8-426] [REFERRED TO]
STATE VS. AJAY KUMAR SHARMA [LAWS(DLH)-2017-8-130] [REFERRED TO]
CAPITAL LEASING AND FINANCE CO. VS. NAVRATTAN JAIN [LAWS(P&H)-2004-1-23] [REFERRED TO]
STATE OF UTTAR PRADESH VS. SOBAN SINGH [LAWS(ALL)-2008-1-87] [REFERRED TO]
MD. NAYEEMUDDIN ANSARI VS. STATE OF JHARKHAND [LAWS(JHAR)-2011-10-2] [REFERRED TO]
MANISHBHAI BHARATBHAI SHAH VS. STATE OF GUJARAT [LAWS(GJH)-2007-2-68] [REFERRED TO]
STATE OF U P VS. NARENDRA SINGH [LAWS(ALL)-2018-4-98] [REFERRED TO]
STATE OF MAHARASHTRA VS. GEETABAI [LAWS(BOM)-2017-6-174] [REFERRED TO]
THE STATE OF MAHARASHTRA VS. LAXMAN S/O KUNDLIK MURKUTE [LAWS(BOM)-2017-6-304] [REFERRED TO]
GHANSHYAMDAS LALCHAND CHANDAK VS. SHEIKH HAMID SHEIKH GULAB [LAWS(BOM)-2018-1-190] [REFERRED TO]
STATE OF MAHARASHTRA VS. MILIND SHALIKRAO WAGHMARE [LAWS(BOM)-2020-8-165] [REFERRED TO]
TEJARAM RAMNATH MOURYA VS. RAMASERY HARIDAS SONI [LAWS(BOM)-2008-4-45] [REFERRED TO]
PRADIP BHUTA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-6-259] [REFERRED TO]
THE STATE OF MAHARASHTRA, THROUGH POLICE STATION BIDKIN, TQ-PAITHAN VS. NIRANJAN S/O SHRIPATRAO JADHAV, AGE28 YEARS, OCCU:BUSINESS, R/O CIDCO, AURANGABAD, N3, PLOT NO. 34, OPPOSITE TO HOTEL AMBASSADOR, AND ORS. [LAWS(BOM)-2017-6-124] [REFERRED TO]
USHA CHANDRAKANT DEVKULE VS. BHAGWAT GIRJAPPA DEVKULE [LAWS(BOM)-2013-9-205] [REFERRED TO]
MRS. SHWETA SHIRISH KENCH VS. MR. PRAKASH RAMCHANDRA KENCH [LAWS(BOM)-2017-1-305] [REFERRED TO]
PATEL JAYANTIBHAI MAFATLAL VS. STATE OF GUJARAT [LAWS(GJH)-2018-3-6] [REFERRED TO]
RAMDAS ANANT NAIK VS. JACOB FERNANDES [LAWS(BOM)-2005-8-68] [REFERRED TO]
KRISHNA TEXPORT AND CAPITAL MARKETS LTD VS. ILA A AGRAWAL [LAWS(BOM)-2008-5-62] [REFERRED TO]
DEVIDAS S MARDOLKAR VS. HARICHANDRA MANDREKAR [LAWS(BOM)-2008-7-1] [REFERRED TO]
A.P.AMIT KUMAR VS. A.P.MANJUNATH ON [LAWS(KAR)-2018-3-34] [REFERRED TO]
GANESH STEEL ROLLING MILLS LIMITED VS. STCL LIMITED [LAWS(KAR)-2013-5-2] [REFERRED TO]
RAM CHANDRA VS. STATE OF U P [LAWS(ALL)-2014-10-107] [REFERRED TO]
OMVEER SINGH VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2014-11-198] [REFERRED TO]
GIRISHBHAI NATVARBHAI PATEL VS. STATE [LAWS(GJH)-2005-11-18] [REFERRED TO]
STATE OF H P VS. LEKH RAJ [LAWS(HPH)-2018-5-149] [REFERRED TO]
MOHD SALIM VS. MANILAL VYAS [LAWS(MPH)-2009-9-47] [REFERRED TO]
BIMLA VS. BANSI LAL AND OTHERS [LAWS(P&H)-2017-12-82] [REFERRED TO]
U.T. CHANDIGARH VS. BHUPINDER KAUR [LAWS(P&H)-2019-11-297] [REFERRED TO]
STATE OF HARYANA VS. RAJESH @ RAJU [LAWS(P&H)-2019-12-139] [REFERRED TO]
JABY PAUL VS. M.S.KRISHNAN KUTTY [LAWS(KER)-2020-5-70] [REFERRED TO]
HAKIM VS. HURMAT [LAWS(P&H)-2023-1-141] [REFERRED TO]
STATE OF KARNATAKA VS. YALLAPPA [LAWS(KAR)-2020-1-194] [REFERRED TO]
INSPECTOR OF POLICE VS. P.V. BHUPATHI [LAWS(MAD)-2020-1-325] [REFERRED TO]
STATE VS. T.RETNAPANDIAN [LAWS(MAD)-2020-2-364] [REFERRED TO]
STATE VS. V.VAIRAMANI [LAWS(MAD)-2020-3-162] [REFERRED TO]
STATE OF HARYANA VS. GURMAIL SINGH AND ORS. [LAWS(P&H)-2015-4-24] [REFERRED TO]
SURESH VS. NARENDER GAUTAM [LAWS(P&H)-2015-11-126] [REFERRED TO]
JAGPREET SINGH VS. RAJWINDER KAUR [LAWS(P&H)-2014-8-122] [REFERRED TO]
GOVINDARAJU ALIAS GOVINDA VS. STATE BY SRIRAMAPURAM P S [LAWS(SC)-2012-3-9] [REFERRED TO]
SWAMI SADANAND JI VS. ARVIND MEHTA AND ORS. [LAWS(P&H)-2015-7-89] [REFERRED TO]
KARAN ANAND VS. KAMAL BAKSHI [LAWS(P&H)-2015-8-205] [REFERRED TO]
GURDIAL SINGH VS. PIARA SINGH AND ORS. [LAWS(P&H)-2015-5-224] [REFERRED TO]
TARVEEN SINGH VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2015-5-436] [REFERRED TO]
SUNITA DEVI VS. SUNIL KUMAR [LAWS(P&H)-2015-5-584] [REFERRED TO]
NIDHI SONI VS. VINOD KUMAR AND ORS. [LAWS(P&H)-2015-6-22] [REFERRED TO]
JAYANTHI VS. KUMAR [LAWS(MAD)-2020-2-335] [REFERRED TO]
PANDI @ PALPANDI VS. STATE [LAWS(MAD)-2019-4-575] [REFERRED TO]
R RAMARAJ VS. R KUPPUSAMY [LAWS(MAD)-2012-3-530] [REFERRED]
RAGHBIR VS. SOM NATH AND ORS. [LAWS(P&H)-2015-7-72] [REFERRED TO]
STATE CHANDIGARH ADMINISTRATION VS. SUNIL [LAWS(P&H)-2015-8-203] [REFERRED TO]
ANIL KUMAR VS. GURMEET SINGH [LAWS(P&H)-2015-9-212] [REFERRED TO]
AMAR SINGH VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2015-3-361] [REFERRED TO]
PARVINDER VS. SANDEEP AND ORS. [LAWS(P&H)-2015-7-66] [REFERRED TO]
CHAWLA ENTERPRISES VS. HARJOT ENGGL. WORKS AND ORS. [LAWS(P&H)-2015-5-91] [REFERRED TO]
SUKHWINDER KAUR VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2015-3-359] [REFERRED TO]
JITENDER KUMAR VS. RAM KISHAN [LAWS(P&H)-2014-8-596] [REFERRED]
KAMALAKSHA LAXMAN PRABHU VS. S G MAYEKAR [LAWS(BOM)-2008-4-57] [REFERRED TO]
STATE OF MAHARASHTRA VS. KESHAV BALU DEOKARE [LAWS(BOM)-2007-3-212] [REFERRED TO]
AJAY SHETTY VS. SAVIO FARIA [LAWS(BOM)-2006-9-146] [REFERRED TO]
ANJANA BALKRISHNA SHEWALE VS. CHAYYA BOBAN JAGDATE [LAWS(BOM)-2008-5-15] [REFERRED TO]
CLINT B RODRIGUES VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-5-17] [REFERRED TO]
B.B. HUGAR VS. AMIR SHAMSHUDDIN KHAN AND ORS. [LAWS(BOM)-2015-8-337] [REFERRED TO]
STATE OF MAHARASHTRA VS. GULAB DATTU PATIL [LAWS(BOM)-2022-2-17] [REFERRED TO]
STATE OF MAHARASHTRA VS. ANKUSH RANGNATH KOLEKAR [LAWS(BOM)-2017-7-88] [REFERRED TO]
STATE OF MAHARASHTRA VS. GAUTAM FULCHAND SHEJAWAL [LAWS(BOM)-2017-7-360] [REFERRED TO]
FRAGRANT LEASING AND FINANCE COMPANY LTD VS. JAGDISH KATURIYA [LAWS(ALL)-2007-6-63] [REFERRED TO]
RAVINDER P. KUMAR VS. STATE & ORS. [LAWS(DLH)-2016-7-24] [REFERRED TO]
MANOJ KUMAR SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2018-1-61] [REFERRED TO]
D B SIDDALINGAIAH VS. SHAKUNTALA DEVAPPA [LAWS(KAR)-2010-4-86] [REFERRED TO]
ALLI NOUSHAD VS. RASHEED [LAWS(KER)-2022-2-39] [REFERRED TO]
RADHAKRISHNA NAGESH VS. STATE OF ANDHRA PRADESH [LAWS(SC)-2012-12-52] [REFERRED TO]
STATE OF U P VS. BANNE ALIAS BAIJNATH [LAWS(SC)-2009-2-215] [REFERRED TO]
STATE OF M P VS. SANT RAVINDRA DAS GURU SWAROOPANAND [LAWS(MPH)-2005-11-48] [REFERRED TO]
JASPAL SINGH VS. KAILASH CHAND JAIN [LAWS(P&H)-2015-7-64] [REFERRED TO]
VARINDER KUMAR VS. M/S MANIKTALA TRADERS [LAWS(P&H)-2015-8-804] [REFERRED TO]
RITESH CHOPRA VS. STATE OF PUNJAB [LAWS(P&H)-2015-8-806] [REFERRED TO]
ARUMUGAM VS. K.S.SAMPATH KUMAR [LAWS(MAD)-2017-1-10] [REFERRED TO]
STATE VS. S.MURUGAN [LAWS(MAD)-2019-3-601] [REFERRED TO]
STATE OF ODISHA VS. MUNA [LAWS(ORI)-2022-10-3] [REFERRED TO]
STATE VS. ERWADI KASIM [LAWS(MAD)-2019-12-324] [REFERRED TO]
STATE VS. RAHAMATHULLAH KHAN [LAWS(MAD)-2019-12-381] [REFERRED TO]
NANDKISHORE MEHRA VS. SUDHI TRANSPORT LTD [LAWS(BOM)-2008-4-56] [REFERRED TO]
SHWETA SHIRISH KENCH VS. PRAKASH RAMACHANDRA KENCH AND OTHERS [LAWS(BOM)-2017-1-271] [REFERRED TO]
STATE OF MAHARASHTRA VS. RAJESH PITAMBAR SONWANE [LAWS(BOM)-2017-6-45] [REFERRED TO]
STATE VS. PRITAM KUMAR [LAWS(BOM)-2019-8-249] [REFERRED TO]
G. SHIVANESH VS. BALAJI FRAME WORKS [LAWS(KAR)-2020-11-160] [REFERRED TO]
ASHOK KUMAR VS. PAWAN KUMAR [LAWS(P&H)-2022-7-267] [REFERRED TO]
USHA RANI VS. STATE OF PUNJAB [LAWS(P&H)-2020-2-99] [REFERRED TO]
R.P. MENDIRATTA VS. SANDEEP CHOUDHARY [LAWS(DLH)-2015-5-133] [REFERRED TO]
ELGI FINANCE LIMITED VS. R PRABAKARAN [LAWS(MAD)-2007-1-79] [REFERRED TO]
APPAREL EXPORT PROMOTION COUNCIL VS. M/S. MAHAVIR INTERNATION PVT LIMITED & ORS. [LAWS(DLH)-2016-9-127] [REFERRED TO]
GHUREY LAL VS. STATE OF U P [LAWS(SC)-2008-7-104] [REFERRED TO]
RAVI KAPUR VS. STATE OF RAJASTHAN [LAWS(SC)-2012-8-28] [REFERRED TO]
STATE OF HARYANA VS. SHAKUNTLA [LAWS(SC)-2012-4-17] [REFERRED TO]
MURALIDHAR @ GIDDA VS. STATE OF KARNATAKA [LAWS(SC)-2014-4-23] [REFERRED TO]
STATE OF HARYANA VS. PRITHI AND OTHERS [LAWS(P&H)-2014-8-597] [REFERRED]
STATE OF HARYANA VS. BALDEV RAJ [LAWS(P&H)-2015-4-295] [REFERRED TO]
KOTAK MAHINDRA BANK LTD. VS. AVANTIKA GROVER [LAWS(P&H)-2015-7-84] [REFERRED TO]
STATE OF PUNJAB VS. JAGTAR SINGH [LAWS(P&H)-2015-7-162] [REFERRED TO]
HI-TECH AUTOMATION VS. J K SHARMA [LAWS(P&H)-2014-9-265] [REFERRED]
BONANZA PORTFOLIO LTD. VS. STATE OF ASSAM AND ORS. [LAWS(GAU)-2015-1-37] [REFERRED TO]
STATE OF U.P. VS. RAGHUBAR AND ORS. [LAWS(ALL)-2014-10-139] [REFERRED TO]
PURSHOTTAM IRON & STEEL INDUSTRIES VS. RAJNEESH GUPTA [LAWS(DLH)-2016-7-165] [REFERRED TO]
STATE OF GUJARAT VS. MIYAMA ABHRAM MAMAD [LAWS(GJH)-2004-4-87] [REFERRED TO]
NEERU SHARMA VS. RAJ KUMAR SHARMA [LAWS(J&K)-2019-5-44] [REFERRED TO]
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JUDGEMENT

Santosh Hegde, J. - (1.)This appeal by special leave is preferred against the judgment of the High Court of Kerala at Ernakulam dated 17-11-1995 made in Criminal Appeal No. 438/93 whereby the appellant herein was found guilty of an offence punishable under Section 138 of the Negotiable Instruments Act (the Act), and was convicted and sentenced to pay a fine of Rs. 37,500/- and in default to undergo RI for a period of 3 months. The High Court had further directed that out of the fine, if realised, a sum of Rs. 34,500/- should be paid to the respondent herein by way of a compensation.
(2.)Briefly stated, the prosecution case is that the respondent herein on 1-11-1990 had advanced a cash sum of Rs. 26,500/- for expansion of the appellants hospital and towards the repayment of the said amount, the appellant had issued a cheque for the said sum which when presented to the bank, was dishonoured with an endorsement "Payment stopped by the drawer". The respondent after issuing the required statutory notice, filed a complaint against the appellant for offence under Section 138 of the Act, as stated above. The plea of the appellant was that no cheque was issued to the respondent nor any amount was borrowed from him. He stated that the cheque in question was a blank cheque issued to one Chandrappa Panicker in October, 1985 as security for future instalments of amount if due from the appellant in a chit transaction but the said Panicker did not return the cheque even after the chit transaction was over and the said cheque was misused by the respondent in collusion with said Panicker.
(3.)Learned 1st Class Magistrate, Cherthala, after trial, came to the conclusion that the respondent had failed to establish the payment of money as alleged by him. For this, he primarily relied on the fact that according to the complainant, the respondent did not know the appellant herein personally and he advanced the said sum of money at the instance of an advocate Vijay Kumar in the office of the said advocate. But the respondent had not examined said Vijay Kumar to prove this fact. The trial Court also held that the respondent had not given any reason whatsoever for not examining this witness. The trial Court also held that the respondents case that the cheque in question Ex. P-1 was filled up by the appellant and brought to the office of Vijay Kumar could not be accepted because of the difference in the ink used in writing of the name and amount in the cheque and the ink used in the signature portion of the cheque. This, according to the trial Court, showed that the case of the appellant that he had given a blank cheque signed was more probable. The trial Court also took into consideration the fact that though the respondent had filed a civil suit for the recovery of the amount allegedly paid to the appellant under the cheque in question did not pursue the same, hence, from this fact also the trial Court came to the conclusion that the appellants version that the cheque in question was given in a blank condition to Chandrappa Panicker and the said Panicker being very close to the respondent had colluded with the respondent to make a false complaint against the appellant. The trial Court also took note of the fact that the said Chandrappa Panicker was seen in the Court hall during the trial but was not examined as a witness in support of the respondents case. In this view of the matter, it came to the conclusion that the complainant/respondent has not proved his case and accordingly dismissed the complaint.


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