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THE THODUPUZHA TALUK CHETHUN THOZHILALI versus M.T.KUTTICHAN

High Court of Kerala

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THE THODUPUZHA TALUK CHETHUN THOZHILALI v. M.T.KUTTICHAN - CRL A No. 652 of 1999 [2007] RD-KL 2899 (7 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 652 of 1999()

1. THE THODUPUZHA TALUK CHETHUN THOZHILALI
... Petitioner

Vs

1. M.T.KUTTICHAN
... Respondent

For Petitioner :M/S.M.N.S.NAYAR & CO;

For Respondent : No Appearance

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

Dated :07/02/2007

O R D E R

J.B.KOSHY, J.

Crl.Appeal No.652 OF 1999 Dated 7th February, 2007

JUDGMENT

This is an appeal filed against the order of acquittal. It is the case of the appellant/complainant that cheque issued for payment of bonus by the Toddy Shop Contractor was dishonoured for insufficiency of funds, and, therefore, he should be prosecuted under section 138 of the Negotiable Instruments Act. The complaint was dismissed as under the Payment of Bonus Act, maximum bonus payable is only 20% of the salary and the cheque was issued only because of coercion and not for a legally enforceable debt. Trial court has taken a possible view after considering the evidence adduced. Apart from the above, even though appeal was admitted as early as on 15.10.1999, notice is not served so far. Earlier, the notice sent was returned unserved. The defect is not yet cured. In the above circumstances, without prejudice to the right of the appellant or workers of the union in claiming unpaid bonus, if any, under section 33(C) (2) of the Industrial Disputes Act or provisions of the Payment of Bonus Act, this appeal is dismissed. J.B.KOSHY Judge tks


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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