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2022 Supreme(Ker) 654

A. BADHARUDEEN
Sanil James, S/o. C. K. James – Appellant
Versus
State Of Kerala Represented Public Procecutor, High Court Of Kerala, Kochin – Respondent


Advocates Appeared:
For the Petitioner: Biju .C. Abraham, Thomas C. Abraham.
For the Respondents: Public Rosecutor, Sri Renjit George, Biju C. Abraham, for Addl.R2 Sri M.V.S. Nampoothiry

ORDER :

1. This is a Revision Petition filed under Section 397 and 401 of the Code of Criminal Procedure challenging conviction and sentence imposed against the revision petitioner as per judgment dated 30.11.2019, who is the sole accused in S.T.No.723/2015 on the file of the Judicial First Class Magistrate-II, Pathanamthitta, confirmed by the Additional Sessions Judge-III, Pathanamthitta as per judgment in Crl.Appeal No.93/2019 dated 13.05.2022. The respondents in this revision petition are State of Kerala represented by Public Prosecutor as well as the original complainant before the trial court.

2. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor.

3. I shall refer the parties in this Revision Petition as `complainant' and ‘accused’ for convenience.

4. Shown off unnecessary embellishments, the case put up by the complainant/the 2nd respondent herein before the court below is as under:

It is alleged by the complainant that the accused borrowed Rs.3,50,000/-from the complainant as loan and issued a cheque dated 02.03.2014 for the said sum with assurance of encashment. But when the cheque was presented for collection, the same was dishonoured fo

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