2006 (5) TMI 561

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....s count amount was due from the accused. He issued Ext.P1 cheque. It was a post dated one bearing date 24-3-1998, for an amount of Rs. 58,520/- drawn on State Bank of India, Thodupuzha. It was presented to the bank in August, 1998. It bounced as is revealed by Ext. P2. There upon complainant made a demand for payment of the amount covered by Ext.P1 cheque by issuing a notice, Ext. P4. This was responded to in Ext.P7. As the complainant did not get payment, prosecution was launched. The case of the accused was that Ext.P1 cheque was issued as price of 28 number of mixies, which he had ordered from the complainant on 9-2-1998. But the complainant failed to supply the item. Therefore he issued Ext. D4 stop memo to the Bank, on 10-3-1998. Copy ....

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.... towards discharge of the liability. 3. Ext. D1 dated 9-2-1998 is the order that the accused had placed with the complainant. It disclosed that he was ordering 28 numbers of mixies and that he was enclosing there with Ext.P1 cheque for Rs. 58,520/- being the price amount for 28 number of mixies ordered. Order was placed on 9-2-1998 and the cheque is dated 24-3-1998. It was thus a post dated cheque towards thus ordered. Ext. D4 is the stop memo that the accused had issued to his bankers directing the bank that, the cheque had been issued along with an order placed by the accused on the complainant who failed to supply the articles so ordered and therefore the amount as per the cheque shall not be paid. This was as early as on 10-3-1998 ev....