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2005 Supreme(Ker) 606

K.THANKAPPAN
Abdul Gafoor – Appellant
Versus
Abdulla – Respondent


Judgment :-

This is a petition filed by the petitioner to have an order under Section 427 Cr.P.C. to the effect that the substantive sentence of imprisonment imposed on the petitioners in C.C.Nos.263 of 2003 and 264 of 2003 by JFCM-II, Thamarassery shall run concurrently. The petitioner faced trial in the above two cases for the offences punishable under Section 138 of the N.I.Act, 1881. The complaints in both the cases have been filed by the common complainant alleging that the petitioner had borrowed certain amounts from the complainant, the first respondent herein and in discharge of than debt, the petitioner had issued two cheques which were dishonored when the same were presented for encashment. The dishonour of the cheques was dues to insufficiency of funds in the account maintained by the petitioner with the bank. Further it is stated that the respondent had served the statutory notice to the petitioner an inspite of that the petitioner failed to pay the amount covered by the cheque. The complainant adduced evidence against the petitioner in both the cases and the trial court allowed the complaint with the finding that the petitioner is guilty of offence punishable under Sec



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