LAWS(KER)-2007-8-27

SREE SAKTHI PAPER MILLS LTD Vs. ANJANEYA ENTERPRISES

Decided On August 23, 2007
SREE SAKTHI PAPER MILLS LTD Appellant
V/S
ANJANEYA ENTERPRISES Respondents

JUDGEMENT

(1.) Complainant in C.C.No.397/2002 on the file of the Court of the Judicial First Class Magistrate-I, Kochi is the appellant. The allegation in the complaint is as follows:-

(2.) Heard the learned counsel for the appellant and the learned Public Prosecutor for the 3rd respondent State. Though notice was served on respondents 1 and 2, there is no appearance on behalf of them.

(3.) The learned counsel for the appellant contends that the finding of the Appellate Court that the cheque was not supported by consideration is against the provisions of S. 138 of the Negotiable Instruments Act: It is also contended that the finding of the Appellate Court that the cheque was not issued in discharge of a legally enforceable debt or liability is not sustainable in law.