N. PARAMESWARAN UNNI Vs. G. KANNAN AND ANOTHER

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 06-10-2003 passed by the High Court of Kerala at Ernakulam in Criminal Revision Petition No. 644 of 1995 whereby the High Court allowed the criminal revision of the first respondent by setting aside the concurrent judgments of Trial Court and Appellate Court, that first respondent cannot be convicted under Sec. 138 of the Negotiable Instruments Act, 1881 (in short "N.I. Act") as the procedure prescribed under this Sec. was not satisfied in the instant case.

(2.) Brief facts leading to this criminal appeal, as per the prosecution case, are that the first respondent/accused borrowed Rs. 64,000.00 on 13-10-1990 from the appellant/complainant. In lieu of the borrowed amount, first respondent issued two cheques dated 13-10-1990 for Rs. 10,000.00 and Rs. 25,000.00 respectively both drawn on State Bank of India, Alappuzha Branch. Another cheque for Rs. 29,000.00 dated 08-10-1990 was also given to the appellant by first respondent, which was issued by one K Rajesh, Development Officer, LIC drawn on State Bank of Travancore, Vadai Canal branch, Alappuzha.

(3.) Appellant presented first-two cheques dated 13-10-1990 on 04-04-1991 to his bank, State Bank of Travancore, Main branch, Alappuzha. First respondent's bank returned the said two cheques on 05-04-1991 with an endorsement "Refer to drawer." Appellant received intimation memo dated 05-04-1991 from his bank on 08-04-1991.