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2008 Supreme(Ker) 362

V.RAMKUMAR
E. K. Saseendra Varma Raj – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:For the Petitioner:P.S. Sreedharan Pillai, Advocate. For the Respondents:Ghosh Yohannan, Advocate.

Judgment :

In this Revision filed under Sec. 397 read with Sec. 401 Cr.P.C. the petitioner who was the accused in C.C. 11 of 1998 on the file of the J.F.C.M. Vadakara for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 challenges he conviction entered and the sentence passed concurrently against him by the courts below.

2. The case of the 2nd respondent/complainant in the private complaint filed by him can be summarised as follows:

The complainants son is a B.Ed trained hand. When the complainant enquired with the accused whether his son could get a teachers post in any of the high schools in the area, the accused made him believe that his family has got the right to appoint qualified hands to teachers post in the K.R. High School, Purameri and demanded Rs. 1,75,000/- as donation to the management of the school. He also insisted that a sum of Rs. 75,000/- has to be given as advance. Accordingly, during the month of October 1995 the complainant advanced a sum of Rs. 50,000/-. Thereafter during the month of Nov. 1995 he paid another sum of Rs. 25,000/-. The payments were made through one Jayadevan who is a common acquaintance of both the complainant as wel










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