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2015 Supreme(Ker) 1109

C.T.RAVI KUMAR
Vincent Perera – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shajin S. Hameed
For the Respondents: M. Fathahudeen, Latheesh Sebastian and Seena Ramakrishnan, PP

ORDER :

C.T. Ravi Kumar, J.

1. This revision petition raises certain crucial questions of law in the following factual background. The revisionist was the accused in S.T. Nos. 4911 of 2006, 4662 of 2007 and 4592 of 2007, on the files of the Court of Judicial First Class Magistrate-IV, Thiruvananthapuram. In all those cases he was tried for the offence punishable under Section 138 of the Negotiable Instruments Act. The complainant in all those cases was also one and the same person. Those three cases were jointly tried and disposed of by a common judgment. Evidently, as per the said common judgment dated 22.11.2008 the revision petitioner was found guilty in all the three cases and he was convicted and imposed with similar but, separate sentence in all those cases. In fact, he was sentenced to undergo imprisonment till the rising of the court and to pay fine of Rs. 50,000/- and in default of payment of fine to undergo simple imprisonment for a period of three months in each of those cases. On realisation of the amount of fine it was directed to be paid to the complainant as compensation under Section 357(1) Cr.P.C. The revision petitioner filed a common appeal against the said order o











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