Q: Illustrate the citation of Santhi.C. vs Mary Sherly on 30 June, 2011 ?

Ans:  Santhi.C. vs Mary Sherly on 30 June, 2011

The learned Magistrate of Kerela High court held that "execution" is different from "issuance" of cheque. "Issue" means, to "give something to somebody". Issuance of cheque does not mean drawing of cheque. The issuance and execution are different acts. Proof of issuance or giving of cheque by accused to complainant alone will not suffice to constitute offence under Section 138 of the Act.

 

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