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2009 Supreme(Ker) 669

THOMAS P.JOSEPH
Samul Philipose – Appellant
Versus
Koshy Thomas – Respondent


Advocates Appeared:For the Petitioners:T.I. Abdul Salam, Advocate. For the Respondents:V. Philip Mathew, Advocate, P.R. Jayakrishnan, Public Prosecutor.

Judgment :

These Criminal Revision Petitions and Criminal-Revision Cases raise common question of law and fact and hence, are disposed of by a common order. The question involved is whether a Criminal Appeal preferred by the accused against his conviction and sentence after it is duly lodged could be dismissed as not pressed without entering findings on merit.

2. Petitioner who is common in all these revision petitions filed complaints against respondent No.1, common in all the cases for offence punishable under S.138 of the Negotiable Instruments Act (for short, "the Act"). Amount covered by the cheques is Rs.60,000/-, Rs.46,000/- and Rs.40,000/-, respectively. All those cheques being dishonoured for insufficiency of funds, petitioner served statutory notice on respondent No.1 intimating dishonour and demanding payment of the amount. Since there was no positive response, petitioner preferred complaints. Learned Judicial First Class Magistrate-II, Pathanamthitta before whom the cases came up for trial found respondent No.1 guilty, convicted and sentenced him to pay fine of Rs.5,000/- each and in default of payment to undergo simple imprisonment for three months each under S.138 of t





































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