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2017 Supreme(Ker) 1383

ALEXANDER THOMAS
K. C. Augustine – Appellant
Versus
P N Rajasekharan – Respondent


ORDER

Alexander Thomas, J.

1. The factual transactions in these two matters are connected. The complainant is the same person in both these matters. The sole accused in Crl.R.P.No.680/2013 is the 2nd petitioner (A-1) in Crl.R.P.No. 840/2014 and the 1st petitioner in Crl.R.P.No. 840/2014 (A-2) is his wife. The two cheques involved in these two matters are arising out of the very same transaction, by which, the petitioners had owed a total liability of Rs.36.10 lakhs to the complainant and they had issued the two cheques in question each coming to Rs. 18.05 lakhs. In the light of these aspects, both these matters are disposed of by this common order.

2. The petitioner in Crl.R.P.No.680/2013 is the accused in C.C.No.66/2008 on the file of the Judicial First Class Magistrate's Court-I, Cherthala, for offence punishable under Sec.138 of the Negotiable Instruments Act, instituted on the basis of the complaint filed by the 1st respondent (complainant). The trial court as per the impugned judgment dated 18.6.2012 had convicted the petitioner and had sentenced him to undergo simple imprisonment for six months and to pay compensation of Rs.18,05,000/- to the complainant under Sec.357(3) of the




















































































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