Case Law Details
N. Raveendran Vs Shajahan (Kerala High Court)
The absence of salutation Like Mr./M/s. while drawing the cheque by accused cannot be a ground for the accused to be acquitted from proceedings under Section 138 of the Negotiable Instruments Act.
FULL TEXT OF THE JUDGMENT/ORDER OF KERALA HIGH COURT
This appeal arises out of the judgment dated 04.05.2006 in C.C. No.453/2004 on the file of the Judicial First Class Magistrate Court, Muvattupuzh. C.C. No. 453/2004 was a complaint filed alleging the commission of an offence under Section 138 of the Negotiable Instruments Act.
2. The appellant/complainant is the Managing Partner of a firm by name ‘Lakshmi Finance‘, which is stated to be a partnership firm. Reading of the judgment dated 04.05.2006 in C.C. No. 453/2004 shows that the accused was acquitted on the sole ground that the subject cheque was drawn in favour of ‘Lakshmi Finance’ and not ‘M/s.Lakshmi Finance’, though it is seen from the partnership deed that the name of the firm is ‘M/s.Lakshmi Finance’.
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