KUNJAN PANICKER GANGADHARA PANICKER Vs. CHRISTUDAS ALIAS A J ALEX
LAWS(KER)-2003-2-40
HIGH COURT OF KERALA
Decided on February 14,2003

KUNJAN PANICKER GANGADHARA PANICKER Appellant
VERSUS
CHRISTUDAS ALIAS A J ALEX Respondents

JUDGEMENT

- (1.) THIS appeal is filed against the order of acquittal passed by the Sessions Court in a* proceeding under Section 138 of the negotiable Instruments Act, 1881 (hereinafter referred to as 'the 'act' ). The appellant filed a complaint under Section 138 of the Act before the Judicial Magistrate of the First Class, Nayyattinkara alleging that the first respondent herein executed a cheque for Rs. 26,600/- and when the cheque was presented for payment to the drawee Bank it was dishonoured with the remark "refer to the drawer. " He came to know about the dishonour of the cheque only on 4. 12. 1989. On 5. 12. 1989 itself the complainant sent a registered letter to the first respondent herein through his lawyer intimating the fact of dishonour of the cheque and also demanding payment of the amount of the cheque. The first respondent evaded service of the lawyer notice and the notice was, therefore, returned by the postal department to the lawyer on 1. 1. 1990. Therefore, the first respondent committed offence under Section 138 of. the Act.
(2.) THE case of the respondent in his statement under Section 313 is that the cheque was stolen by the son-in-law of the complainant and that apart from the cheque some other documents were also stolen. In connection with that there was a civil case pending. He also stated that he has no connection with Sri, K. G. Panicker. He further stated that he has not written the cheque. His statement is extracted below as follows: " (Matter in regional language omitted)"
(3.) THE cheque was returned with the endorsement "refer to the drawer. " However, in the complaint it is specifically stated that it was returned for insufficiency of funds. PW 1 also deposed in terms with the complaint. He also stated that he has given Rs. 26,600/- in case and cheque was written by the accused in front of him so as to get money on 22. 10. 1989. In cross examination the matter was made clear. In cross examination he stated as follows: " (Matter in regional language omitted)";


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