2020 (12) TMI 143

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....ts Act, (hereinafter the parties are mentioned in this appeal according to their rank in the trial court). 2. The complainant allegations is that accused had issued a cheque for Rs. 76,957/- (Rupees Seventy Six Thousand Nine Hundred and Fifty Seven only) drawn on his account at Catholic Syrian Bank as the price of textile items purchased by accused. The said cheque when presented through the account of complainant at State Bank of Travancore was returned for want of funds in the account of accused. The notice demanding payment issue by complainant was returned by accused raising untenable contentions. The amount remains unpaid. So he is liable to be proceeded under Section 138 of the Negotiable Instruments Act. 3. To substantiate the ....

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....edure mandated by law. So Ext. D11 shows that there was no business run by accused in the year 2003. Further Ext. D9 shows that the contention of accused that he was abroad in 2002 is correct. 19. It is seen that Ext. P9(c) is the copy of the bill which is stated to be for the amount for which accused is alleged to have and for which amount in Ext. P1 is issued. According to the testimony of P.W.1 before court the signataure of in Ext. P9(c) was affixed by accused, by him going over to the stop of complainant at Ernakulam. 20. Ext. D8 which is the copy of the plaint in O.S. No. 93/C4 shows that Ext. P9(c) was issued at Angamaly as is seen from para 10 of the Ext. B8. Further Ext. D1 to D3 which are the bills issued to accu....