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2017 Supreme(Ker) 601

ALEXANDER THOMAS
P. N. Raman – Appellant
Versus
K. Abdul Rahiman – Respondent


Advocates Appeared:
For the Petitioner: M.R. Sasith
For the Respondents: Manuel Kachiramattam, Merry George, Justin Mathew

JUDGMENT :

1. The petitioners challenge the orders passed by the trial court in dismissing the application for condonation of delay in filing the complaints and the consequent orders passed by the trial court dismissing the complaints. The matters arise out of complaints filed by the petitioners against the 1st respondent alleging offence punishable under Sec.138 of the Negotiable Instruments Act. The 1st respondent-accused is the same person in both these matters and the complainants are different persons. The facts in both these matters are almost identical in so far as the issue posed for determination before this Court.

2. The dishonoured cheques in these cases were drawn on State Bank of Travancore, Kolagappara Branch, and the cheques were sent for collection through the bank, wherein the complainants have maintained account, which is also the same bank. Initially, the petitioners had filed the respective complaints before the Judicial First Class Magistrate Court, Kalpetta, on 23.8.2014. Later, by virtue of the directives of the Apex Court contained in the judgment dated 1.8.2014 in Dasarath Rupsingh Rathod v. State of Maharashtra & anr. reported in (2014) 9 SCC 129, the above












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