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2013 Supreme(Ker) 896

HARUN-UL-RASHID
JYOTHI PRASAD BHAT – Appellant
Versus
K. SUNDARA RAJAN – Respondent


Advocates Appeared:
For the Appellant : A. Dinesh Rao.
For the Respondent:S. Sreekumar Senior Advocate, Sri. V.A. Johnson (Varikkappallil) and Smt. Seena Ramakrishnan (Public Prosecutor).

JUDGMENT :

HARUN-UL-RASHID, J.

1. Appellant in the above appeals is the complainant in C.C. No. 639/2003 and 640/2003 on the file of the Judicial First Class Magistrate I, Hosdurg. Complaints were filed against the same accused K. Sundara Rajan for the offence punishable u/s 138 of the Negotiable Instruments Act. Complainant is aggrieved by the common judgment passed by the Additional Sessions Court (Ad hoc) I, Kasaragod in Criminal Appeal Nos. 391/2007 and 392/2007. The learned Magistrate found that the accused committed offence punishable u/s 138 of the Negotiable Instruments Act. By the common order dated 11-10-2007 in C.C. Nos. 639 & 640/2003 the accused was convicted and sentenced to undergo simple imprisonment for one year each and to pay compensation of Rs.5 lakhs each to the complainant u/s 357(3) Cr.P.C. and in default of payment of compensation to undergo simple imprisonment for a further period of 4 months. The Appellate Court reversed the findings of the trial court, allowed the appeal, set aside the conviction and sentence imposed against the accused and the accused in both cases were acquitted. The parties are hereinafter referred to as the complainant and accused as ar
















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