2008 (3) TMI 763

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er of Reference This appeal which is at the instance of the complainant in a prosecution under Section 138 of the Negotiable Instruments Act is directed against the order of acquittal passed by the trial court. 2. The case of the complainant was that the accused had issued Ext.P1 cheque dated June 4, 1999 for a sum of Rs. 4,61,400 in discharge of a debt. Shortly thereafter the complainant recei....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... attention to an unreported decision of a learned single Judge dated March 19, 2003 in R.Gopikuttan Pillai v. Sankara Narayanan Nair in Crl.A.No.270 of 1997. In the said decision the learned Judge held that "........ the expression "the said amount of money" appearing in clause (b) and (c) of the proviso to Section 138 of the Negotiable Instruments Act must certainly refer to the amount of money d....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s of the liability incurred. Unless the complainant proves that the liability to be settled is to the tune of the amount covered by Ext.P1, he could not have made use of that cheque for such liability." Learned counsel has also invited my attention to a decision of the Madras High Court in Angu Parameshwari Textiles v. Sri.Rajam & Co. (2001 DCR 648) wherein it has been held that "if the cheque ....