V.T.JUOY versus V.SANAL KUMAR

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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V.T.JUOY v. V.SANAL KUMAR - CRL A No. 503 of 1998(B) [2006] RD-KL 1754 (22 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 503 of 1998(B)

1. V.T.JUOY
... Petitioner

Vs

1. V.SANAL KUMAR
... Respondent

For Petitioner :SRI.T.D.ROBIN

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice J.B.KOSHY

Dated :22/11/2006

O R D E R

J.B.KOSHY, J.

Crl.Appeal No.503 OF 1998 Dated 22nd November, 2006

JUDGMENT

Appellant is the complainant in C.C.No.655 of 1997. The above complaint was filed under section 138 of the Negotiable Instruments Act. According to the appellant, first respondent issued a cheque for Rs.6,000/= which was dishonoured for insufficient of funds. After going through the evidence the trial court found that the allegations were not proved as the cheque was not issued towards discharge of any debt or liability which he owed to the complainant. While acquitting the accused, show cause notice was issued to the complainant under section 250 of the Code of Criminal Procedure. During arguments, it is stated that the appellant is more worried about the action of issuing show cause notice under section 250 of Cr.P.C. After reading the evidence, I am of the view that it was not a frivolous case though it was proved that complaint under section 138 of the Negotiable Instruments Act is not maintainable. In the above circumstances, proposal to issue show cause notice under section 250 Cr.P.C. is set aside. However, I am not interfering with the order of acquittal passed by the trial court. The appeal is allowed in part. J.B.KOSHY Judge tks 

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