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2017 Supreme(Ker) 1250

ALEXANDER THOMAS
SONY GEORGE – Appellant
Versus
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – Respondent


Advocates Appeared:
FOR THE APPELLANT : SRI. E.C. POULOSE, SMT. BOBBY RAPHEAL C.
FOR THE RESPONDENTS: SRI. SAIGI JACOB PALATTY

ORDER :

The revision petitioner has been indicted for the offence punishable under Section 138 of the Negotiable Instruments Act in C.C.No.162 of 2010 on the file of the Judicial First Class Magistrate's Court-II, Perumbavoor, instituted on the basis of a complaint preferred by the second respondent herein.

2. Exhibit-P1 dishonoured cheque dated 5.4.2007 is for Rs.1,50,000/-. The trial court as per the impugned judgment rendered on 23.11.2011 had convicted the petitioner for the abovesaid offence and had sentenced him to undergo simple imprisonment for two months and further ordered to pay Rs.1,50,000/- (cheque amount) to the complainant in terms of Section 357 (3) of the Cr.P.C. and in default thereof, he was ordered to suffer simple imprisonment for a further period of two months.

3. It is brought to the notice of this Court that the petitioner was running an agency for recruitment of personnel for employment abroad. In connection with such financial transactions, the petitioner happened to be indicted in many criminal cases for the offences as in Section 138 of the Negotiable Instruments Act, Section 420 of the I.P.C., etc. It appears that at the time of pronouncement of the presen








































































































































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