Gemini vs Chandran on 14 July, 2006
53.The fact of V.K. Gemini Vs. Chandran 2007 Cr.LJ 1285 Ker = AIR 2007
Ker 2036 (supra) relied upon by the accused were different as in that case, the
defence of the accused was that he had been mentally sick for the past 8 to 9
years prior to the alleged transaction. Because of the peculiarity of the disease,
his mental condition was impaired. In such state of mind, he was in the habit of
issuing cheques to various persons, without owing anything to them. The
accused used to assume himself to be a very affluent person during such
period. But people used to return such cheques understanding the peculiar and
abnormal habit of the accused. Ext.P1 (the cheque in question in that case)
was one of such cheques issued to complainant which was misused by the
complaint to file the complaint.