JUDGMENT :

(Sanjay Karol, J.)

Leave granted.

2. Appellant herein challenges judgment and order dated 23rd January, 2018 passed in Crl.R.P. No.1111 of 2011¹[‘Impugned Judgment’], whereby the High Court of Kerala allowed, only in part, his Revision Petition against the judgment and order of the learned Additional Sessions Judge, Thrissur,²[‘Lower Appellate Court’] dated 11th January, 2011, in Criminal Appeal No.673 of 2007, which, in turn, upheld his conviction, as handed down by the learned Judicial First Class Magistrate³[‘Trial Court’] vide order dated 14th August, 2007 in CC No.51 of 2003, under Section 138 of the Negotiable Instruments Act, 1881⁴[‘N.I. Act’].

3. The sole issue that we are required to consider is, whether, a criminal proceeding can be initiated and the accused therein held guilty with natural consequences thereof to follow, in connection with a transaction, in respect of which a decree by a competent Court of civil jurisdiction, already stands passed.

4. The facts necessary to put into perspective the issue in the present appeal are:-

4.1 The Appellant borrowed Rs.2,00,000/- from the Complainant, K.P.B Menon “Sreyes," with the promise that he would repay it on demand.