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2017 Supreme(Ker) 1067

ALEXANDER THOMAS
Sivakumar – Appellant
Versus
State of Kerala, Represented By Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Sri. S. Vinod Bhat, Sri. Legith, T. Kottakkal, Kum. Anagha Lakshmy Raman, Advs.
For the Respondent: Sri. Saigi Jacob Palatty, Public Prosecutor

JUDGMENT :

The 2nd petitioner herein was arrayed as accused No.2 for offence punishable under Sec.138 of the Negotiable Instruments Act in S.T.No. 383/2015 on the file of the Judicial First Class Magistrate's Court-II, Irinjalakuda. The two accused therein were alleged to be partners of a partnership firm, from whose account the dishonoured cheque in question was issued to the complainant therein. According to the accused, they had not received summons. That as the accused persons did not appear before the trial court, non-bailable warrants were issued against them and later the case was included in the long pending case list as L.P.R.No.129/2007 and proceedings under Secs.82 and 83 of the Cr.P.C. were also initiated against the said accused persons. It is not in dispute that, in pursuance of the said proceedings under Secs.82 and 83 of the Cr.P.C., the trial court had ordered attachment of the property said to have been belonging to the 2nd petitioner as per order dated 30.9.2006. Later, the accused persons had settled the disputes with the complainant in relation to the dishonoured cheque in question involved in the complaint and the agreed amount was paid to the complainant and t























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