GOPALAKRISHNAN NAIR Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) PETITIONER is the second accused in Crime no. 802/2012 of Town south police station, Palakkad. The offences alleged against him are under Secs.420, 418 and 464 r/w 34 of IPC. It is alleged that there was a land deal between the complainant and first accused. Towards the sale consideration major portion of the amount was paid in cash. A cheque for Rs.24,60,000/- and another cheque for Rs.5 lakhs issued were by the complainant to the first accused. Subsequently the entire balance amount was paid to the first accused in cash. So the signed two cheque leaves were to be handed over to the complainant by the first accused. He did not return the cheques, instead, one of the cheque leaves which was for Rs.5 lakhs was handed over by A1 to A2, it is alleged. It is also alleged that the cheque when presented for encashment was dishonoured, consequent where to, notice was stated to have been issued to the complainant.

(2.) LEARNED counsel for the petitioner (A2) submits that he did not entrust anybody or any advocate to send any such notice.