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2008 Supreme(Ker) 472

V.GIRI
Kasar God Self Employees Financing Company (R), Rep. by its General Power of Attorney Holder – Appellant
Versus
State Of Kerala, Represented by Public Prosecutor – Respondent


Advocates Appeared:For the Petitioner:K. Jaju Babu, M.U. Vijyalakshmi, Brijesh Mohan, Advocates. For the Respondents:R2 T.K. Vipindas, Advocate, C.M. Kammappu, Public Prosecutor.

Judgment :

The appellant in all these appeals is one and the same person and after hearing learned counsel on a preliminary issue, it was felt that there is a common issue which arises for consideration in these cases. Therefore, they were heard together and are being disposed of by a common judgment.

2. A crucial issue arises for consideration in Crl.A.549/2008, which is against the order of acquittal in C.C.No.662/19999 on the files of the court of Chief Judicial Magistrate, Kasaragod. To an extent finding on this issue in Crl.A.549/2008 would have a bearing in the other appeals as well and therefore, I propose to consider that in the first instance.

3. The complainant in C.C.No.662/1999 on the files of the Court of Chief Judicial Magistrate, Kasaragod is the appellant herein. The complainant is described as M/s. Kasaragod Self Employees financing Company (R) represented by its Power of Attorney holder one K. Satheesan. Allegations in the complaint are to the effect that the complainant is a partnership firm and its affairs were being managed by its Managing partner, one Jayasheela, that for discharging a legally enforceable debt to the tune of Rs.2,63,000/-, the accused had issue















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