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2018 Supreme(Ker) 197

ALEXANDER THOMAS
K. M. GOPALAKRISHNAN NAIR, S/O. LATE A. P. MADHAVAN PILLAI – Appellant
Versus
LITTLE FLOWER TEX, REPRESENTED BY LAWRENCE C. ANTONY – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ADVS.SRI.V.G.ARUN, SRI.T.R.HARIKUMAR, SRI.ARJUN RAGHAVAN, SRI.ADITHYA RAJEEV
For the Respondent: SRI.JESTIN MATHEW

JUDGMENT :

These three Criminal Appeals arise out of a common judgment dated 16.12.2015 rendered by the Sessions Court, Ernakulam in Crl.A.Nos.78, 79 & 80 of 2014, whereby the accused in the 3 complaints concerned has been acquitted by the said lower appellate court of the offence punishable under Sec.138 of the Negotiable Instruments Act. The 1st respondent has been arrayed as accused for offence punishable under Sec.138 of the N.I.Act in S.T.Nos.1705, 1807 & 1808 of 2008 on the file of the Judicial First Class Magistrate Court- VII, Ernakulam, instituted on the basis of said three complaints filed by the appellant herein.

2. Ext.P-1 dishonoured cheque dated 8.10.2007 is for Rs.2 lakhs, which is the subject matter of S.T.No.1705/2008 and Crl.A.No.78/2014. Ext.P-7 cheque for Rs.3 lakhs dated 18.1.2008 is the subject matter of S.T.No.1807/2008 and Crl.A.No.79/2014. Ext.P-17 dishonoured cheque for Rs.2 lakhs dated 14.1.2008 is the cheque involved in S.T.No.1808/2008 and Crl.A.No.80/2014. All the three complaints were jointly tried and the parties are the same.

3. The trial court as per the impugned common judgment dated 31.1.2014 had convicted the accused in all the three complaints. In


































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