ABRAHAM Vs. MARIA AMBROSE

JUDGEMENT

(1.) THIS civil revision petition arises out of an order passed in L.A.No.295 of 1998 in O.S.No.96 of 1996 on the file of the Subordinate Judge's Court, Kuzhithurai, under the following circumstances:

(2.) THE revision petitioner filed a suit against the respondent herein for recovery of amount due under a cheque for Rs.50,000 issued by the respondent herein drawn on Tamil Nadu Mercantile Bank, Kanjampuram Branch. THE cheque was dishonoured with an endorsement funds insufficient by the bank concerned. This necessitated the filing of the suit.

(3.) IN my view, the learned Subordinate Judge ought to have followed the procedure laid down in Sec.140 (already referred to). This he ought to have done on the basis of his own finding against the respondent.